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THE 


Anarchist  Constitution 


D.  L  STURBER,  Anarchist 


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Anarchist  Constitution 


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D.  I.  STURBER,  Anarchist 


SAN  FRANCISCO 


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IV 

It  is  safe  to  say  that  governments  have  committed  far 
more  crimes  than  they  have  prevented. — Eobert  Ingersoll. 

Equity^,  thus  depending,  essentially,  upon  the  particular 
circumstances  of  each  individual  case,  there  can  be  no  es- 
tablished rules  and  fixed  precepts  of  equity  laid  down, 
without  destroying  its  very  essence.  *  *  *  And,  on 
the  other  hand,  the  liberty  of  considering  all  cases  in  an 
equitable  light  must  not  be  indulged  too  far  LEST 
THEEEBY  WE  DESTEOY  ALL  LAW.  *  *  And 
law  without  equity,  though  hard  and  disagreeable  (you  bet 
it  is)  IS  MUCH  MOEE  DESIEABLE  for  the  public 
good  (he  meant  by  the  public  good  the  welfare  of  the  law- 
yers) than  equity  without  law. — Blackstone's  Commenta- 
ries on  the  Laws  of  England,  *62,  Book  I,  Page  42. 

And  thus,  by  this  strict  construction  of  the  courts  of 
law,  a  statute  made  upon  GEE  AT  DELIBEEATIOK 
and  introduced  in  the  MOST  SOLEMN  MANNEE,  has 
had  little  other  effect  than  to  make  a  slight  ALTEEA- 
TION  in  the  FOEMAL  WOEDS  of  a  conveyance.— 
Blackstone's  Commentaries  on  the  Laws  of  England. 
*336,  Book  II,  Page  271. 

Heredity  is  the  idea  of  a  man  being  some  one  else  in  a 
previous  existence  and  then  using  it  to  be  himself  later. 
— Dinkelspiel's  Eeview. 

Was  any  political  party  ever  held  accountable  for  a 
political  murder  such  as  the  murder  of  Governor  Goebel 
of  Kentucky,  by  the  conspiracy  of  Eepublican  politicians, 
or  any  religion  held  accountable  for  a  religious  murder 
such  as  the  murder  of  President  Garfield  by  a  Christian 
enthusiast  (or  fanatic,  if  you  please)  ? 

Wrij,  then,  should  anarchists  be  held  accountable  for  the 
first  murder  by  an  anarchist  in  the  United  States?  Was 
not  McKinley's  assassination  the  first  one  by  an  anarchist 
in  the  United  States  ? 


THE  ANARCHI8T  CONSTITlTION.->^ 

Chapter!.  f   ^Wiv:>;-siTY  ^ 

Some  Interesting  Pants.  ^*<5^_(fc>??^M\^ 

Somewhere  \fithiii  the  realms  of  the  United  States  there 
roams  a  man  of  great  prominence  and  distinction  who  is 
the  most  slippery  and  hard-to-find  man  in  all  Christendom 
and  yet  he  has  two  distinct  peculiarities  either  one  of 
which  would  single  him  out  of  a  million  of  his  fellows 
to  any  casual  observer. 

He  was  the  only  son  of  his  father,  who  was  the  only 
son  of  his  grandfather,  and  who  in  turn  was  the  only  son  of 
his  great  grandfather,  and  so  on  this  distinguishing  char- 
acteristic of  ancestry  goes  clear  back  to  the  time  whereof 
the  memory  of  man  runneth  not  to  the  contrary,  and  per- 
haps for  countless  ages  farther  back. 

But  the  two  most  striking  peculiarities  of  this  mysteri- 
ous individual  are  his  name  and  his  pants. 

First,  his  name,  although  a  more  cowimonplace  name 
was  never  applied  to  any  human  being  on  the  face  of  the 
earth,  is  all  his  own,  for  in  all  the  world  there  is  not  an- 
other man  known  by  the  same  name  (and  he  never  travels 
under  an  alias)  and  his  father,  father^s  father,  father's 
father's  father,  and  all  his  male  ancestors  in  the  direct 
paternal  line  have  successively  been  known  by  the  same 
name  since  before  the  beginning  of  recorded  history,  in  all 
probability,  and  none  of  his  ancestors  ever  had  more  or 
less  than  one  child  who  invariably  was  known  in  his  turn 
by  the  same  name — given  name  as  well  as  surname. 

This  name  is  John  Doe.* 

*A11  the  law  books  as  far  back  as  there  is  any  law  or 
records  in  the  English  language  refer  to  John  Doe,  which  is, 
and  always  has  been,  the  mythical  or  fictitious  name  used  to 
fill  in  where  a  name  might  be  required  and  no  person  known 
whose  name  could  or  should  be  used — perhaps  the  most  ancient 
fiction  known  in  law.  Where  two  names  are  required  John  Doe 
and    Richard    Roe    are    the    ones    used. 


6  The   Anarchist    Ck)NSTiTUTiON". 

But  still  more  remarkable  than  the  name  is  the  pair  of 
pants  with  which  this  unique  personage  adorns  his  lower 
extremities  for,  be  it  known,  this  pair  of  pants  has  been 
handed  down,  like  the  name,  from  father  to  son  and  to 
son's  son,  grand-son  and  great  grand-son,  in  precisely  the 
same  manner  as  the  name  for  countless  ages  and 
ALWAYS  WOEN  BY  EACH  SUCCEEDING  JOHN 
DOE  in  his  day  and  generation. 

There  was  only  one  great  difference  between  this  name 
and  the  pair  of  pants,  for  pants  wear  out  while  a  name 
may,  and  does,  wear  on  and  on  forever  (like  corporations) 
without  the  slightest  depreciation  of  vitality. 

But  every  John  Doe  in  his  turn  has  been  equal  to  the 
occasion.  He  simply  patched  the  pants.  And,  while  this 
caused  him  some  slight  inconvenience  and  expenditure 
of  energy,  he  never  could  see  any  occasion  for  getting 
a  new  pair  of  pants. 

Thousands  of  ages  ago  the  original  pair  of  pants  had 
entirely  ceased  to  exist — not  a  shred  of  the  original  pair 
still  in  the  pants — and  nothing  but  patches  in  various 
stages  of  usefulness,  and  uselessness,  or  even  of  positive 
annoyance,  remained  to  do  service  in  lieu  of  pants. 

It  could  not  be  said  that  the  present  John,  or  any  of  his 
progenitors,  was  laz}^  Far  from  it,  for  he,  like  all  his 
ancestors,  gets  up  every  morning  before  the  sun  and  pre- 
pares his  own  food  (it  can  hardly  be  dignified  by  the  name 
of  breakfast),  cleans  the  scanty  cooking  and  eating  uten- 
sils himself,  mends  his  clothes,  cultivates  a  little  soil  that 
he  may  be  able  to  gather  the  nourishment  his  body  re- 
quires and  prepares  his  own  food  (he  calls  it  dinner,  being 
somewhat  addicted  to  flattery),  and  eats,  scantily.  Then 
he  makes  such  repairs  as  his  humble  habitation  requires, 

starts  to  the  spring  for  a  drink,  and — that  d wolf 

again. 

There  are  wolves,  it  is  said,  where  the  Does  have  lived, 
each  in  his  turn,  for  so  many  generations ;  and  they  inva- 
riably carry  off  whatever  has  been  "spared"  from  the  "din- 


The   Anarchist    Constitution.  7 

ner'^  to  '^^SAVE'^  for  the  "supper."  John  invariably 
chases  the  wolf  about  a  mile  till  hungry  and  exhausted  but 
as  invariably  forgets  to  lay  for  the  wolf  the  next  time. 
He  doesn^t  much  like  fighting  wolves  anyhow,  but  ventures 
to  chase  them  when  they  get  a  good  start. 

After  the  chase  which,  it  hardly  need  be  said,  is  always 
a  vain  one,  John  labors  harder  than  ever  to  get  something 
ready  to  eat,  upon  which  he  bestows  the  pretentious  title 
of  supper. 

After  cleaning  up  the  remains  of  his  simple  meal  he 
spends  long  hours  in  drawing  up  the  plans  of  the  next 
patch  to  his  pair  of  pants — and  prays !  Whom  he  prays 
to  not  even  tradition  gives  any  very  clear  or  definite  sug- 
gestion, but  the  most  generally  prevailing  idea  is  that  the 
present  John  prays  to  the  clouds,  and  it  is  believed  that  his 
father  did  likewise ;  although  it  is  known  that  his  ancestors 
each  in  his  turn,  prayed  to  almost  every  conceivable  thing — 
stars,  trees,  sun,  moon,  and  everything  else. 

It  is  known  that  John,  as  well  as  his  ancestors,  has  at 
times  roamed  about  and  mingled  with  his  fellow  men — 
probably  when  seeking  a  wife  by  whom  to  have  an  heir  that 
he  might  bequeath  his  name  and  pair  of  pants. 

The  present  John's  great  grandfather  got  a  tartar  of  a 
wife — so  the  great  grandfather  thought.  She  stormed 
and  raved  at  that  pair  of  pants;  and  particularly  at  the 
seat  thereof,  which  was  at  that  time  most  especially  in 
urgent  need  of  repairs.  But  John  was  not  to  be  shaken 
from  the  traditions  of  his  forefathers.  He  wouldn't  get 
a  new  pair  of  pants;  whether  from  a  disinclination  to 
such  extravagance  or  for  fear  he  would  not  look  natural 
in  a  new  pair,  tradition  does  not  inform  us. 

But  at  any  rate  his  wife  was  insistent  and  forced  him  to 
a  compromise.  He  agreed  to  put  in  an  extra  large  patch 
of  the  very  best  wearing  material  that  could  be  made.* 
And  such  an  improvement  was  this  patch  considered  by 

♦The  United  States  Constitution,  1789. 


8  The   Anarchist    Constitution. 

him  to  be  to  the  ancient  pair  of  pants  that  it  is  the  pride 
of  the  present  John  to  this  day.  In  fact,  our  John  of  to- 
day even  claims  that  that  patch,  having  had  a  numerous 
quantity  of  patches**  to  the  patch,  is  still  good  for  an- 
other generation  or  two,  though  in  truth  it  is  said  scarcely 
a  shred  of  that  patch  remains.* 

It  has  frequently  been  suggested  to  John  in  a  delicate 
and  diplomatic  way  that  he  co-operate  with  other  men'  f 
and  devote  all  his  labors  to  making  some  one  thing  exclu- 
sively and  exchange  it  for  an  equal  amount  of  the  labor*** 
of  others  in  the  shape  of  other  things  he  needs  to  support 
himself,  his  wife,  and  his  little  baby  John;  but  all  the 
Johns  in  their  turn  have  had  their  own  ideas  about  making 
what  they  want  according  to  their  own  sweet  will  and  our 
John  of  today,  like  his  father  before  him,  is  a  little  eccen- 
tric on  this  tomfoolery  about  "co-opratun."  He  says  let 
other  people  make  what  they  want  and  mind  their  own 
business  and  he'll  do  the  same. 

People  generally  are  too  courteous  (or  fearful)  to  ever 
wound  his  tender  sensibilities  about  those  pants  and  all 
who  pride  themselves  on  their  dignity  and  refinement  care- 
fully refrain  from  alluding  to  them.  It  has  happened — 
though  rarely — that  some  man  more  vigorous  than  ele- 
gant has  said  to  him:    "For  God's  sake  throw  away  thoso 

pants  and  get  a  new  pair."     But 

this  has  always  been  the  finish  of  the  man  who  had  the 
audacity  to  insult  John  Doe  for  he  is  the  hardest  scrapper, 
as  well  as  the  most  eccentric  man,  in  all  Christendom 
and  who  will  tackle  a  known  scrapper  that's  always  been 
invincible  ? 

**The  constitutional  amendments  and  an  infinite  number 
of   laws    and   decisions. 

*"We,  the  people  of  the  United  States,  in  order  to  *  *  * 
establish  justice." — Preamble  to  the  United  States  Constitution. 
Is  there  any  justice  in  the  United   States  for  the  poor  man? 

t  Socialism  is  urged  to  some  slight  extent  throughout  the 
United    States. 

♦♦♦Exchange  of  labor  products  in  one  form  for  an  equal 
amount  of  labor  product  in  another  form  means  exchange 
without   profit. 


Chapter  II. 
The  Social  Compact. 

Society  has  existed,  in  some  form  or  other,  since  the 
first  breath  of  the  second  living  being  on  earth ;  assuming 
that  the  living  beings  on  earth,  or  at  least  two  of  them, 
were  within  hailing  distance  of  one  another. 

The  form  of  society,  like  the  form  of  all  matter, 
undergoes  constant  and  perpetual  change.  Sometimes 
this  change  in  form  is  very  rapid,  as  it  is  in  burning  wood 
or  gunpowder;  sometimes  it  is  very  slow,  as  it  is  in  stones 
buried  in  the  earth.  But  there  is  a  constant  and  perpetual 
change  in  the  form  of  matter  and  no  change  in  its  amount. 
So,  too,  with  society  there  is  a  constant  and  perpetual 
change  in  its  form  and  no  change  in  its  number,  so  far  as 
this  earth  is  concerned,  since  the  first  co-existence  of  two 
living  beings.  And  as  long  as  two  living  beings  still  exist 
in  communication  with  one  another  there  can  be  but  one 
society,  or  social  family. 

It  is  not  the  existence  of  living  beings  which  constitute 
society  but  their  relation  to  one  another. 

Imagine  but  two  living  beings  on  earth  and  within 
communfcating  distance  with  one  another  and  imagine 
them  to,  either  expressly  or  tacitly,  agree  not  to  fly  at 
each  other's  throats  for  the  purpose  of  robbery  or  murder 
and  such  agreement  or  compact,  which  is  the  embodiment 
of  the  relation  one  to  another,  constitutes  society. 

In  this  stage  of  society  manifestly  no  express  agree- 
ment is  called  for,  for  their  mutual  protection,  because 
neither  one  will  want  to  rob  or  murder  the  other.  Each 
recognizes  the  fact  that  the  co-operation  of  the  other  is 
desirable  and  could  not  be  had  by  imposing  upon  one  an- 
other, and  thereby  engendering  enmity  between  them. 
Each  uses  the  product  of  the  other  and  each  recognizes  the 


10  The   Anarchist    Constitution. 

right  of  the  other  to  such  use.  Neither  would  see.  the 
other  starve,  or  even  suffer,  from  want  through  misfortune 
or  inability  to  produce  one-half  the  total  necessary  for 
both.  Society  is  normal.  The  social  compact  is  new. 
It  has  not  worn  out  because  the  change  in  the  form  of  soci- 
ety has  not  yet  been  appreciable  since  the  first  agreement 
(tacit  though  it  be)  or  social  compact. 

But  the  population  increases.  With  every  new  mouth 
comes  a  new  pair  of  hands,  as  w^e  have  often  been  re- 
minded. But  some  few  among  the  many,  when  popula- 
tion becomes  great,  not  only  do  not  produce  their  share, 
when  able,  but  consume  more  than  their  share. 

The  social  compact  begins  to  wear — slightly. 

The  social  compact,  before  only  a  tacit  agreement,  is 
now  changed  to  an  express  agreement  for  each  able  person 
to  produce  his  share  and  as  much  more  as  may  be  neces- 
sary to  provide  for  those  not  able  to  produce  their  share. 

Population  increases  more.  The  few  not  only  do  not 
produce  their  share  and  consume  more  than  their  share, 
but  some  cease  to  make  any  effort  to  produce  at  all  and 
waste  frightfully.  The  social  compact  has  worn  a  hole 
in  itself.     It  needs  a  little  patch. 

Anybody  can  patch — in  a  way — but  it  requires  a  tailor 
to  make  a  pair  of  pants. 

Society  patches  the  social  compact.  It  says,  hereafter 
each  able  person  shall  produce  his  share  for  hinfself  and  a 
percentage  in  addition  for  those  who  are  not  able  persons. 

The  many  comply  with  the  spirit  of  the  amended  social 
compact.  The  few  say  they  will  do  that  for  which  they 
are  best  adapted.      They  will  distribute  the  percentage ! 

The  percentage  becomes  enormous  and  the  work  of  dis- 
tributing it  is  too  great  for  the  few — at  least  they  say  so. 
They  must  have  others  to  do  the  work  for  them.  They 
will  superintend  these  others  and  draw  plans  for  new 
patches.  They  will  modify  and  remedy  the  defects  in  the 
social  compact.  They  will  legislate !  And  they  will  de- 
termine for  the  many  what  percentage  of  the  wealth  pro- 


The   Aitarohist    Constitution.  11 

duced  by  the  many  shall  go  to  the  few  for  distribution  to 
non-producers,  who  shall  be  recognized  as  non-producerS; 
and  how  much  each  shall  have. 

Society  is  now  changing  in  form  rapidly.  The  social 
compact  is  wearing  thin  in  many  places  and  will  soon  need 
many  patches. 

Women  and  children,  who,  before,  owing  to  their  physical 
constitution,  were  not  expected  to  produce  for  themselves 
but  looked  upon  as  non-producers  entitled  to  their  full 
share,  are  slowly  but  steadily  divided  into  two  classes.  The 
wives  and  children  of  the  few  are  retained  in  the  class  of 
non-producers  and  given  the  bulk  of  the  percentage.  The 
wives  and  children  of  the  many  are  given — well,  let  the 
many  care  for  the  many. 

Society  needs  another  patch. 

Society  needs  judges,  versed  in  the  niceties  of  what 
women  and  what  children  should  be  deemed  the  wives  and 
children  of  the  few  and  which  ones  should  have  the  lion's 
share,  for  the  many  are  not  competent  to  determine  such 
difficult  problems. 

The  few  will  select  the  judges  to  decide  these  questions 
for  them  and  must  have  more  percentage  (now  called 
taxes)  with  which  to  provide  for  the  judges. 

The  many,  because  they  can't  understand  the  sound, 
substantial  reasons  why  the  judges  should,  in  their  pro- 
found wisdom,  decide  all  questions  of  right  in  favor  of 
the  few  are  dissatisfied  and  threatening. 

Society  needs  another  patch. 

The  many  are  liable  to  kill  themselves  and  need  soldiers 
to  prevent  them  from  killing  each  other  and,  incidentally, 
to  kill  such  part  of  the  many  as  do  not  accept  the  decisions 
of  the  judges  as  right. 

But  even  the  judges,  in  their  infinite  wisdom,  having 
various  degrees  of  relations  and  friendships,  can  not  al- 
ways draw  the  line  between  who  should  be  of  the  few  and 
who  of  the  many ;  nor  even  among  the  few,  can  they  agree 
on  which  ones  should  have  the  most. 


12  The   Anarchist    Constitution". 

Society  needs  another  patch. 

If  the  judges  and  the  few  fight  among  themselves  the 
many  will  soon  finish  the  few.  If  the  soldiers  are  to  en- 
force the  decisions  of  the  judges,  the  decisions  must  not 
be  conflicting  or  the  soldiers  would  be  divided  as  to  which 
decisions  to  enforce  and  would  only  kill  each  other.  The 
many  could  not  be  enslaved. 

The  judges  must  select  an  arbitrator  for  conflicting  de- 
cisions whose  decisions  shall  be  over  and  above  all  others. 
His  decisions  shall  be  final.  The  soldiers  must  obey  him 
and  enforce  Jiis  decisions — execute  his  commands. 

He  is  king. 

There  is  no  longer  any  doubt  who  shall  have  the  lion's 
share  of  the  percentage.  He  decides  it  shall  all  go  to 
a  king  for  proper  distribution  (presumably  among  the 
people) . 

He  directs  the  distribution  of  the  taxes  and  determines 
the. amount  of  them.  He  also  determines  how  they  shall 
be  collected  and  "decides"  that  the  king  is  the  head  of  the 
social  family. 

As  such  he  determines  what  amount  of  land,  and  which, 
shall  be  allotted  to  each  member  of  the  social  family  and 
"directs"  them  all. 

To  make  his  work  easier  he  teaches  them  morality. 

There  is  no  doubt  he  is  well  qualified  for  this  as  the 
biggest  thief  and  greatest  rascal,  who  knows  by  experience 
what  immorality  can  produce,  is  naturally  the  best  judge 
of  what  constitutes  such  immorality. 

And  he  is  the  most  interested  in  preventing  any  compe- 
tition in  immorality,  as  he  has  the  greatest  snap  at  stake 
which  might  be  lost  thereby.  He  is,  therefore,  greatly 
interested  in  preventing  any  such  immorality  in  others  as 
he  is,  himself,  guilty  of. 

But  an  interested  teaching  of  the  moral  law  (assuming 
that  there  lived  a  man  so  dense  that  he  did  not  understand 
the  moral  law  without  the  aid  of  a  teacher)  is  a  cor- 
rupted one  and  some  began  to  question  the  crooked  inter- 


The   Anakchist   Constitution.  13 

pretation  of  the  moral  law  when  interpreted  by  those 
known  to  be  interested  in  such  crooked  interpretation. 

As  long  as  these  were  few  not  many  patches  to  the  social 
compact  were  necessary  and  a  few  soldiers  could  attend  to 
those  who  ventured  independent  (and  correct)  interpreta- 
tions of  their  own. 

Soldiers  were  an  expensive  luxury  and  demanded  for 
themselves  a  considerable  part  of  the  percentage — taxes — 
for  supporting  and  enforcing  the  crooked  interpretations 
of  the  moral  law. 

But  as  these  crooked  interpretations  of  the  moral  law 
— at  first  called  the  moral  law — became  more  numerous, 
so  did  those  who  ventured  independent  interpretations — 
or  opinions —  of  their  own;  and  too  many  soldiers  were 
required  to  attend  to  them. 

Something  must  be  done. 

Society  needs  another  patch. 

Already  the  soldiers  are  insufficient.  The  king  has  been 
assassinated  by  one  of  the  common  horde  merely  because 
the  last  crooked  interpretations  of  the  moral  law — now 
called  the  law — by  the  king  resulted  in  the  starvation  of 
the  assassin's  wife  when  about  to  give  birth  to  her  first 
born.  And  the  judge  just  selected  to  take  the  place  of  the 
former  king  is  afraid  to  make  such  an  interpretation — 
no  longer  called  the  moral  law — as  will  be  necessary  in 
order  to  enable  him  to  hold  his  job  for  fear  it  might  natur- 
ally result  in  the  starvation  of  others  and  his  own  subse- 
quent assassination. 

Certainly  the  social  compact  is  urgently  in  need  of 
patches. 

Either  the  new  king  must  go  to  work  and  do  some  hard 
thinking  or  get  to  work  and  earn  his  daily  bread.  The 
latter  would  not  be  compatible  with  his  dignity  and  the 
former  is  the  least  objectionable  of  the  two  evils,  one  of 
which  has  been  made  unpleasantly  necessary  by  the  horde 
of  the  many,  some  of  whose  wives  and  daughters  have 


14  The   Anarchist   Constitution. 

already  been  compelled  to  rent  their  bodies  to  the  soldiers 
and  king^s  favorites  for  food ! 

Driven  to  this  unpleasant  necessity  for  hard  thinking, 
a  happy  thought  occurs  to  the  king  in  his  dilemma. 

Hold  off  on  those  crooked  interpretations  of  the  moral 
law — ^the  law — as  much  as  possible  for  a  little  while  and 
teach  them  that  the  king  is  ''divine''  and  can  do  no  wrong. 

But  what  do  the  people  know  about  divinity?  They 
have  never  as  yet  heard  of  any  such  thing.  They  must  be 
taught,  and  an  idea  of  the  divine  must  be  manufactured 
for  them. 

A  great  idea  worthy  of  a  noble  soul!      For  henceforth 
people  must  have  souls.      Otherwise  it  would  not  be  posj 
ble  to  divert  their  attention  from  the  fact  that  they  are- 
being  robbed  of  material  things  for  the  benefit  of  the 
body. 

But  the  many  may  not  swallow  that  idea  about  a  soul. 
It^s  new  to  them.     Their  fathers  never  heard  of  it. 

Twenty  years  or  more  is  a  long  time  to  hold  off  on 
those  crooked  interpretations  but  what  can't  be  avoided 
must  be  borne. 

All  the  interpretations  except  those  the  people  are  accus- 
tomed to  must  be  deferred  until  a  new  generation  springs 
up  familiar  with  the  king^s  new  idea  about  a  soul. 

The  soldiers  are  given  a  snap  more  to  their  liking — ^that 
is  those  who  can  "believe"  all  the  king  tells  them  about 
souls. 

They  are  sent .  out  to  tell  the  credulous,  especially  the 
women  and  children,  about  Eichard  Roe.  This  Richard 
Roe,  afterwards  more  familiarly  known  as  Roe,  was  repre- 
sented to  be  something  great.  He  had  wonderful  powers, 
among  which  the  principal  one  was  a  demonstrated 
ability  to  make  something  out  of  nothing  as  a  raw  mate- 
rial. It  was  a  secret  process  and  the  process  was  not  for 
sale.  He  it  was  who  made  the  tiny  stars,  the  burning 
sun  and  the  silvery  moon  and  threw  them  all  up  so  high 
in  the  air  that  they  never  came  down  again.     There  were 


The   Anarchist   Constitution.  15 

various  other  things  he  could  do  which  other  people 
couldn't.  He  could  make  his  old  body  young  again  as 
often  as  he  pleased  and  live  on  forever,  which  of  course 
he  did — for  himself.  The  king  had  urgently  requested 
him  to  do  the  same  thing  for  all  his  social  family,  but  Koe 
didn't  see  it  that  way.  That  is,  he  could  if  he  wanted  to 
but  really  didn't  care  to.  He  agreed  to  a  compromise, 
however.  He  would  manufacture  a  soul  out  of  nothing 
for  all  who  desired  it  (one  for  each  person)  and  sell  them 
all  at  just  the  cost  of  raw  material — nothing.  He  would 
also  give  with  each  soul  a  written  guarantee  to  keep  it 
alive  and  in  good  health  free  of  cost  as  long  as  he,  himself, 
should  live;  which  was  pretty  sure  to  be  forever.  But 
there  were  strings  attached  to  the  good  health  part  of  the 
guarantee.  True  there  were  no  strings  to  the  guarantee 
as  to  the  workmanship  and  material,  nor  even  to  the  eter- 
nal staying  qualities  of  these  souls,  but  the  guarantee  to 
keep  in  repair  was  conditional  upon  following  directions: 

Everybody  took  a  soul  on  Eichard,  as  the  king  thought 
they  would. 

There  was  only  one  fault  to  find — a  mere  trifle  consid- 
ering they  got  the  souls  for  nothing — and  that  was  that 
the  directions  were  not  very  explicit.  However,  the  king 
understood  them  thoroughly  and  explained  them  in  great 
detail  to  those  of  the  soldiers  before  mentioned.  And — 
noble  king — he  would  permit  his  soldiers  (that  is  those  of 
them  before  mentioned)  to  go  out  among  the  people  and 
dedicate  their  lives  to  explaining  to  the  people  how  to 
follow  the  directions. 

These  soldiers  had  to  be  distinguished  from  the  others 
and  were  called  divines  because  they  explained  to  the 
people  how  to  follow  Eoe's  divine  directions.  Of  course 
a  man  who  could  make  such  perfect  souls  out  of  nothing 
and  give  them  away  was,  beyond  question,  divine ;  as  were 
also  the  directions  themselves  and  everything  coming  from 
Eoe — sometimes  called  Goe  by  little  tots  Just  learning  to 
talk. 


16  The   Anarchist   Constitution. 

Eoe  himself  (sometimes  also  called  Goed  by  children  who 
had  a  cold)  kept  himself  carefully  out  of  sight  to  avoid 
interviews  in  regard  to  his  wonderful  secret  process.  He 
delegated  the  king,  however,  to  represent  him  in  making 
explanations  of  those  soul  directions;  and,  of  course,  con- 
ferred upon  the  king  and  his  assistant  explainers  of  the 
soul  directions  the  divinity  necessary  to  speak  with  author- 
ity in  making  those  directions  plain  to  the  people. 

This  was  a  great  patch. 

It  enabled  the  king,  through  his  "divines,"  to  explain 
to  the  people  that  the  soul  directions  from  Eoe  (sometimes 
called,  as  previously  explained,  Goed  or  God)  required  that 
the  people  should  be  obedient  to  their  masters  or  Goed 
would  not  keep  their  souls  in  good  health  or  repairs. 

Of  course  the  king,  being  divine,  was  the  highest  master 
short  of  Goed  himself.  And  the  king  had  a  quiet  tip  that 
Goed  would  never  interfere  with  him  in  the  master  busi- 
ness. 

He  could  now  make  such  interpretations  (still  called 
the  law)  as  he  desired  because  if  any  one  (even  to  him- 
self) entertained  any  doubt  about  divine  interpretations 
Goed  would  do  nothing  for  his  soul  when  it  should  get  the 
fever.  An  everlasting  high  fever  isn't  very  pleasant  to 
contemplate  and  people  were  now  willing  to  submit  to  the 
interpretations  which  merely  robbed  them  of  the  material 
things,  for  the  welfare  of  the  body  only,  as  long  as  the 
guarantee  to  keep  the  soul  in  good  health  and  repairs  was 
not  repudiated.  And,  according  to  the  divines,  no  man 
could  tell  whether  his  soul  had  the  fever  or  not  until  after 
he  no  longer  had  use  for  any  material  things  for  the  body. 
Still  it  w^as  generally  presumed,  and  even  asserted  by  the 
divines,  that  fever  was  spontaneous  in  every  soul  and 
would  break  out  of  its  own  accord  as  soon  as  the  guarantee 
was  forfeited.  * 

Now  and  then  some  judge  would  get  the  idea  that  the 
king  had  no  right  to  a  monopoly  of  divinity  and  would 
take  a  few  of  the  king's  divines  who  were  well  versed  in 


The   Anarchist    Constitution.  17 

the  intricacies  of  soul  directions,  with  as  many  other  peo- 
ple as  he  could  induce  to  go  along,  and  go  so  far  away 
that  they  were  beyond  reach  of  their  former  king. 
Of  course  they  all  took  their  souls  along  with  them. 
The  divines,  well  known  for  their  constancy  and  devo- 
tion to  the  laborious  work  of  explaining  soul  directions, 
devoted  all  their  working  hours — never  eight  hours  a  day 
— to  explaining  those  soul  directions. 

The  judge  had  a  quiet  tip  of  his  own  from  Goed  before 
he  left  that  if  these  people  who  went  away  wanted  their 
souls  kept  in  repairs  they  would  have  to  make  the  judge 
king,  in  which  case  Goed  would  deal  with  the  people 
through  him. 

The  judge  was  accordingly  made  king,  with  full  divin- 
ity, of  the  new  branch  of  the  social  family. 

The  old  social  compact  was,  of  course,  taken  right  along 
and  the  judge  (now  king)  did  a  little  patching  on  his  own 
account.  He  had  a  son  that  must  be  provided  *f or  and 
decided  that,  as  there  were  no  judges  to  select  a  new  king 
in  case  of  his  OAvn  death,  his  son  should  succeed  him  as 
king  and  he  had  his  divines  give  formal  notice  to  the 
people  that  it  was  a  new  addition  by  Goed  to  the  soul 
directions  that  they  recognize  the  son,  upon  the  death  of 
the  father,  as  king  by  virtue  of  the  divine  directions. 

Many  new  branches  of  the  social  family  were  started  in 
like  manner  in  all  directions  but  in  every  case  the  same 
old  social  compact,  with  many  and  various  patches,  was 
recognized  by  all  the  various  branches  of  the  social  family, 
though  not  recognizing  the  same  executive  power  for  the 
execution  of  it,  and  Goed's  soul  directions  in  some  form 
or  other  amply  explained  in  a  continuous  performance 
by  both  day  and  night  shifts  in  every  branch  on  the  face 
of  the  earth. 

And  so  it  has  continued  down  to  the  present  day.  The 
original  social  compact  has  never  been  declared  off  and  it 
is  still  in  force  throughout  the  United  States  at  this  mo- 


18  The   Anakchist   Constitution. 

ment ;  though  no  man  knows,  and  no  man  can  know,  what 
its  terms  are. 

Anarchists  simply  want  that  old  original  social  compact 
wiped  out  and  something  better  substituted  in  its  place. 

Ask  any  lawyer  if  he  knows  the  law.  "Well,  (ahem) 
no,  (er-a)  I  can^t  re-a-lly  say  (ahem)  that  anybody  actu- 
ally knows  (er-a-ahem)  ALL  the  law."  And  you  wonder 
what  the  devil  the  man  is  trying  to  conceal.  For  if  there 
is  any  one  thing,  more  than  all  other  things,  that  a  lawyer 
is  well  trained  to  conceal  it  is  his  supreme  contempt  for 
the  law,  for  if  lawyers  did  not  take  it  seriously,  who 
would  ?  As  well  might  a  preacher  not  pretend  to  take  the 
bible  seriously. 

A  certain  lawyer,  whose  name  I  do  not  remember,  was 
especially  disgusted  with  the  absurd  (and  consequently 
unjust)  decision  of  the  judge  against  him;  whereupon  he 
began  to  slam  his  books  around  and  mutter  grumblingly 
to  himself.  "Mr.  Doe,"  said  the  judge,  with  most  im- 
posing* dignity,  "are  you  trying  to  show  your  contempt 
for  this  court?"  "No,  your  honor,"  replied  the  lawyer, 
"I'm  trying  my  damndest  to  conceal  my  contempt  for  the 
law  and  this  court." 


Chapteb  III. 
Anarchy.     What  Is  It? 

First  of  all  it  isn't.  That  is,  it  does  not  exist,  and 
never  has  existed,  except  in  the  advocation  of  it,  since  the 
beginning  of  recorded  history. 

All  of  those  people  who,  through  ignorance  or  prejudice, 
are  opposed  to  anarchy  define  it  very  glibly  as  a  state  of 
chaos,  disorder  and  confusion;  which  seems  to  be  a  first 
class  definition  of  the  present  state  of  affairs. 

Some  define  it  as  want  of  government  or  a  state  of  so- 
ciety without  law  which  permits  people  to  do  as  they  please 
with  impunity,  meaning  to  do  wrong  as  much  as  they 
please.  If  any  anarchist  could  be  found  on  the  face  of 
the  earth  who  stood  for  such  anarchy  he  would  be  quite 
well  satisfied  with  the  present  condition  of  society  for  the 
people  are  permitted  do  wrong  now  to  quite  a  sufficient 
extent  to  satisfy  the  most  vicious  and  degenerated. 

One  dictionary  defines  an  anarchist  as  "one  who  excites 
revolt  or  promotes  disorder  in  a  state/' 

According  to  this  definition  George  Washington,  John 
Adams,  Thomas  Jefferson,  Patrick  Henry,  Benjamin 
Franklin  and  Thomas  Paine  were  the  most  pronounced 
half-dozen  anarchists  the  western  world  ever  produced 
and  they  were,  in  fact,  to  a  great  extent,  as  we  shall  pres- 
ently see  by  going  a  little  deeper  into  a  study  of  the  mean- 
ing of  the  word,  though  they  were  not  out  and  out  anar- 
chists. 

Almost  without  exception  the  definitions  given  of  the 
word  mean  something  very  different  from  what  anarchists 
stand  for  and  it  must  manifestly  be  absurd  to  give  to  the 
word  a  meaning  which  is  what  anarchists,  who  stand  for 
anarchy,  are  opposed  to. 


20  The   Anarchist   Constitution. 

And,  as  the  definitions  obtainable  do  not  give  us  any 
correct  information,  it  will  be  well  to  consider  the  origi- 
nal significance  and  etymology  of  the  word  as  well  as  we 
can  without  quoting  Greek;  from  which  language  the 
word  is  derived. 

The  Greek  word  from  which  we  get  the  word  "anarchy"  is 
one  that  has  given  the  basis  of  many  other  English  words 
as  well:  but  the  most  common  of  them  all  is  the  word 
"archives." 

"x\rch"  is  what  is  termed  in  etymology  the  root,  or  that 
unchangeable  part  of  the  word  which  is  slightly  modi- 
fied by  prefix,  affix,  or  both,  to  modify  the  meaning;  and 
carries  with  it  the  idea  of  the  past  or  antiquity;  and 
frequentty,  though  not  as  used  in  the  word  "anarchy,"  the 
idea  of  precedence.  Thus  we  get  the  word  "archives"  for 
the  records  of  the  past.  And,  though  properly  speak- 
ing, archives  would  include  all  kinds  of  records  of  the 
past,  3'et.in  England,  as  well  as  in  other  European  coun- 
tries, the  court  records  and  such  statutes  as  were  enacted 
(which  were  almost  infinite  in  number)  practically  con- 
stituted the  archives  of  those  countries. 

And  these  archives  were  incessantly  cited  as  authority 
for  doing  whatever  was  shady  and  required  justification. 

The  bulk  of  the  people  concerned  themselves  but  little 
with  the  regulation  of  society,  whether  from  lack  of  edu- 
cation or  otherwise  is  immaterial. 

Those  who  governed  (or  misgoverned)  were  few  and 
those  who  strongly  opposed  the  manner  of  government  were 
almost  as  few. 

The  many  were,  like  sheep,  easily  led  not  only  by  those 
whose  arguments  most  swayed  them,  but  by  those,  as  well, 
who  were  most  able  to  make  a  showing.  Arguments 
though,  of  course,  had  their  weight. 

As  before  stated,  when  the  actions  of  those  who  gov- 
erned (or  misgoverned)  were  particularly  atrocious  they 
merely  pointed  to  the  archives  and  showed  that  such  was 


The   Anarchist    Constitution".  21 

the  law.      How  it  became  the  law  is  easily  explained  but 
foreign  to  the  subject. 

Anything  that  was  desired  by  those  who  governed  to  be 
the  law  could  be  shown  to  be  such,  however,  by  some  part 
of  the  archives  for  the  court  records,  or  previous  decisions 
of  judges,  were  held  to  be  law;  as  they  are  to  this  day. 
And  that,  notwithstanding  the  previous  decisions  may 
have  been  just,  or  somewhat  justified,  under  the  circum- 
stances, but  in  other  cases,  under  the  circumstances,  most 
unjust. 

So  it  was  that  many  people  strenuously  objected  to  being 
governed  by  these  archives,  handed  down  from  former  gen- 
erations, and  often  most  barbarous  and  fiendish. 

They  were  not  opposed  to  justice — not  afraid  to  submit 
to  the  judgment  of  their  fellow  men  and  abide  by  their 
decisions  of  any  case  decided  on  its  merits  without  regard 
to  the  archives. 

But  as  the  archives,  in  some  place  or  other,  defined  al- 
most every  human  action  as  felony  and  fix:ed  the  penalty 
(usually  death  and  frequently  worse  than  death)  those 
who  were  aware  of  that  fact  drew  the  line  on  those  ar- 
chives. 

It  now  only  remains  to  determine  what  to  call  this  oppo- 
sition to  the  archives  which,  we  must  remember,  is  essen- 
tially a  Greek  word. 

In  English  we  have  certain  prefixes ;  such  as  ^^in,'^  "un," 
"im,"  etc.,  to  prefix  to  words  to  give  them  an  opposite 
meaning:  by  which  means  we  get  the  words  "incapable," 
as  opposed  to  "capable;"  "unnecessary,"  as  opposed  to 
"necessary ;"  and  "impossible,"  as  opposed  to  "possible." 

So  in  Greek  "a,"  the  first  letter  of  the  alphabet,  was 
used  as  a  negative  prefix  precisely  as  our  "in,"  "un,"  and 
"im."  Prefixing  this  "a"  to  "arch,"  the  root  before 
spoken  of,  we  would  have  the  word  "a-arch."  But  in  both 
Greek  and  English  it  is  customary  for  the  sake  of  euphony^ 
so  as  to  avoid  harsh  sounding  words,  to  add  "n"  to  "a" 
before  a  vowel.    We  do  not  say  "a  Qgg"  but  place  "n"  be- 


22  The   Anarchist    Constitution. 

tween  the  two  vowels.  We  do  not  say  "a-arcli'^  but  ^^anarch." 
We  add  the  'y  to  "anarch"  the  same  as  we  add  the  "y" 
to  "smith"  for  smithy,  meaning  a  blacksmith. 

George  Washington  and  his  fellow  founders  of  this  gov- 
ernment objected  to  being  governed  without  regard  to 
the  principles  of  justice  merely  because  the  archives  could 
be  cited  as  authority  for  so  doing  and,  to  this  extent,  they 
were  anarchists.  They  were  not,  how^ever,  anarchists  to 
the  full  extent  of  the  meaning  of  the  word  as  they  did  not 
even  undertake  to  abolish  government  by  means  of  these 
old  archives  but,  on  the  contrary,  after  striking  out  by 
means  of  the  United  States  Constitution  a  few  of  the 
most  barbarous  and  fiendish  parts  (which  accomplish- 
ment even  anarchists  do  not  belittle)  they  adopted  as  the 
very  foundation  of  their  government  and  jurisprudence 
these  same  old  English  archives  and  to  this  day  the  com- 
mon law  of  England  (which  is  nothing  but  the  same  old 
archives  or  court  records — decisions — of  ancient  genera- 
tions) is  practiced  throughout  the  United  States. 

Some  people  like  to  divide  up  anarchists  into  all  sorts 
of  classes  such  as  philosophical  anarchists,  unphilosophi- 
cal  anarchists,  fool  anarchists,  damn  fool  anarchists,  etc. 
I  know  of  but  one  class  that  doesn't  take  the  foregoing 
view  of  anarchy.  That  is  the  class  that  is  said  to  be 
opposed  to  law  and  government  on  principle. 

I  am  equally  willing  to  defend  either,  for  there  is  so 
little,  if  any,  difference  between  them  that  it  is  extremely 
difficult  to  appreciate  it.  For  it  must  be  borne  strictly  in 
mind  that  anarchy  according  to  the  latter,  if  two  classes 
there  be,  is  only  a  relative  term,  representing  a  more  ad- 
vanced stage  than  the  past  or  present  in  the  gradual  dis- 
pensing with  "established  rules  and  fixed  precepts"  (as 
Blackstone  puts  it)  with  its  attendant  diminution  of  cen- 
tralized power  over  the  lives  and  material  welfare  of  the 
people  vested  in  the  so-called  "representatives"  (agents 
would  be  a  better  word  as  no  man  can  represent  another 


The   Anarchist    Constitution-.  23 

in  the  true  ^nse  of  the  word)  of  those  people  whom  they 
are  supposed  to  "represent." 

Considered  in  this  lights  it  can  be  compared,  simply  to 
get  a  clear  conception  of  the  mere  relativeness  of  the  term, 
to  the  "free-trade"  policy  of  the  democratic  party,  advo- 
cated so  long  and  with  such  apparent  earnestness. 

The  greatest  distinction  between  the  Eepublican  and 
Democratic  parties  until  recently,  and  the  only  one  till 
1896,  was  the  issue  between  "protection"  and  "free-trade." 
Neither  of  these  parties  ever  stood  for  "protection"  or 
"free-trade"  in  the  absolute  sense  but  only  in  a  relative 
sense.  The  Eepublican  party  never  advocated  barring  out 
foreign  merchandise  completely  or  absolutely,  but  only  to  a 
limited  or  relative  extent :  to  a  relative  extent  as  com- 
pared with  a  freer  admission  of  such  merchandise.  Nor 
did  the  Democratic  party  ever  advocate  free-trade  in  an 
absolute  sense  which  would  wipe  out  all  tariff  duties :  but 
only  in  a  relative  sense  as  compared  with  greater  restric- 
tions on,  and  barriers  to,  the  exchange  of  labor  products. 
Yet  the  Democratic  party  is  the  one  which  has  been  said 
^0  stand  for  free-trade,  though  it  never  advocated  making 
trade  free  but  only  making  it  a  little  less  unfree. 

So  Tvith  anarchists  who  are  said  to  be  opposed  to  govern- 
ment and  law  on  principle.  All  anarchists  are  opposed 
on  principle  to  what  the  words  "government"  and  "law"  are 
now  generally  understood  tc  represent,  The}  an  oppose( 
to  all  government  and  law  such  as  we  have  any  examples 
of.  They  have  no  opposition  or  antagonism  to  the  mere 
words  "government"  and  "law."  They  would  have  no 
animosity,  but  only  pity,  for  a  few  imbeciles  who  posed  as 
the  sponsors  for  the  morality  of  the  people — ^their  supe- 
riors— and  called  themselves  a  government  as  long  as  those 
imbeciles  did  not  have  a  power — and  exercise  it — to  in- 
fringe upon  the  rights  of  others.  And  if  a  law  were  en- 
acted prohibiting  people  (under  severe  penalties  if  you 
please)  from  jumping  over  the  moon  anarchists  would  not 


24  The   Anarchist    Constitution". 

be  incensed  thereat  merely  because  it  was  •called  a  law 
any  more  than  if  it  were  merely  called  a  recommendation. 

K"or  are  they  oi3posed  to  such  few  simple  lawS;,  rules  or 
regulations  as  do  not  materially  infringe  upon  their  rights ; 
nor  to  such  as  are  necessary — provided  they  are  really 
necessary.  They  certainly  are  opposed  to  submitting  to 
such  an  infinite  amount  of  complicated  law  that  no  man 
could  ever  read  it  all  in  a  century.  They  are  opposed  to 
being  governed  by  "established  rules  and  fixed  precepts" 
that  it  is  impossible  for  them  to  ever  so  much  as  read  over 
a  single  time.  They  are  opposed  to  government  by  such 
"established  rules  and  fixed  precepts"  as  can  not  generally 
be  applied,  but  any  one  of  which  may  be  for  the  purpose 
of  persecution,  robbery  and  oppression.  They  are  cer- 
tainly opposed  to  such  laws  as  give  to  J.  Pierpont  Morgan 
the  power  to  enslave  men  and  drive  women  into  prostitu- 
tion to  get  bread! 

In  short,  they  say  that  any  law  which  is  a  crooked  in- 
terpretation of  the  moral  law  is  in  conflict  with  the  moral 
law  and  that  the  moral  law  is  more  binding  than  any 
human  law  can  be. 

But,  some  people  say,  anarchists  only  complain  of  the 
necessary  hardships  of  a  necessary  government.  That 
all  people  are  opposed  to  the  same  things  that  anarchists 
complain  of.  That  those  things  are  not  the  result  of  our 
government.  That  our  government  is  the  very  best — 
all  wool  and  a  yard  wide.  That  anarchists  simply  want 
to  tear  down  what  it  has  taken  ages  to  build  up  and  haven't 
a  sufficient  amount  of  intelligence  to  supply  anything 
better. 

Anarchists  certainly  do  wish  to  tear  down  what  has 
been  handed  down  to  us  by  former  ages  of  superstition 
and  oppression.  Anarchists  do  place  more  reliance  in  the 
intelligence  of  the  present  generation  for  the  government 
of  the  present  generation  than  they  do  in  our  ancient 
bloodthirsty  ancestors  for  the  government  of  our  present 
generation. 


The   Anarchist    Constitution".  25 

A*s  to  not  having  sufficient  intelligence  to  supply  some- 
thing better^,  the  most  ordinary  hod  carrier  could  supply 
something  which  could  not  be  any  worse. 

And  when  anarchists  say  this  they  are  invariably  asked 
why  it  is  not  done.  If  it  has  not  been  done  many  times 
already  it  is  only  because  people  do  not  ordinarily  like  to 
begin  at  the  end  of  their  work  and  go  back  towards  the 
beginning.  The  first  and  most  important  work  is  to  wipe 
out  of  existence  our  pre-existing  law,  or  the  ancient  social 
compact. 

Little,  if  any,  law  is  needed,  but  the  easiest  work  on 
earth — the  greatest  snap — is  the  manufacture  of  law  for 
other  people  to  be  governed  by. 

However,  as  this  cry  about  not  supplying  anything  bet- 
ter is  getting  to  be  a  bad  dream  with  those  who  can't  say 
anything  else  against  anarchists,  it  might  be  well  to  pre- 
sent something  better,  designed  to  supersede  our  United 
States  Constitution. 

The  first  temptation  is  to  make  it  concise;  in  one  sec- 
tion and  three  sentences,  as  follows : 

"All  law  whatsoever  is  hereby  repealed.  But,  notwith- 
standing, the  social  structure  for  the  execution  of  public 
policy  and  management  of  public  affairs  shall  be  continued 
as  heretofore.  But,  notwithstanding  (I'm  fond  of  that 
'but  notwithstanding'  business  but  3an  only  use  ii  ii  th 
last  two  sentences — being  only  three)  the  rights  of  man 
shall  not  be  materially  infringed  upon  any  more  than  is 
absolutely  necessary." 

But,  as  there  are  so  many  people  who  do  not  seem  to 
understand  such  a  constitution,  and  as  we  may  not  have 
reached  a  sufficiently  advanced  stage  of  intellectual  devel- 
opment to  properly  execute  it,  a  more  elaborate  affair  has 
been  framed  and  is  submitted  for  approval  in  the  suc- 
ceeding chapter. 


Chapter  IV. 
THE   ANARCHIST   CONSTITUTION. 

A  New  Social  Compact. 

Preamble.  We,  the  people  of  the  United  States,  in 
order  to  reach  a  more  advanced  state  of  society  and  insure 
to  the  people  a  greater  measure  of  justice  and  freedom 
and,  as  nearly  as  possible,  to  guarantee  to  all  an  opportu- 
nity to  labor,  and  enjoy  the  fruits  of  their  labor,  so  that 
all  may  have  an  equal  opportunity  to  provide  for  the  mate- 
rial welfare  of  themselves  and  those  dependent  upon  them^ 
do  ordain  and  establish  this  constitution  for  the  regulation 
of  social  relations  of  the  people  towards  each  other  and 
recognize,  and  hereby  assert,  our  moral  obligation  to  do  all 
in  our  power  to  make  it  serve  the  ends  of  justice  to  all. 
without  regard  to  technical  matters. 

Section  1.  All  law  heretofore  existing  is  absolutely 
repealed  and  nullified  in-so-far  as  the  people  of  the  United 
States,  or  any  of  them  or  their  territories,  are  concerned 
and  cannot  be  revived  or  re-enacted  except  by  amendment 
to  this  constitution,  or  as  herein  provided. 

Sec.  2.  The  regulation  of  the  United  States  shall  vest 
in  a  President  and  Congress,  except  as  herein  provided. 

Sec.  3.  The  Congress  shall  consist  of  two  houses, 
which  shall  be  a  Senate  and  House  of  Eepresentatives  re- 
spectively. 

Sec.  4.  Upon  adoption  of  this  constitution,  the  Con- 
gress shall  be  as  at  the  time  of  adoption  of  this  constitu- 
tion until  changed  in  accordance  herewith. 

Sec.  5.  The  President  holding  office  at  the  time  of  the 
adoption  of  this  constitution  and  all  government  officials 
elect  witbin  the  territory  of  the  United  States,  whose  of- 
fices are  continued  under  this  constitution,  shall  serve  out 


The   An-archist    Constitution-.  27 

the  term  for  which  they  were  elected  except  as  otherwise 
herein  provided. 

Sec.  6.  Either  the  President  or  Congress  may  appoint 
any  officer  or  official  to  fill  any  vacancy  in  a  federal  office, 
except  as  herein  provided. 

In  the  case  of  an  appointment  by  the  President,  it  shall 
be  superseded  by  a  subsequent  appointment  by  Congress. 

Sec.  7.  All  states  and  territories  which  were  states 
and  territories  of  the  United  States  prior  to  the  year  1898 
shall  be  and  constitute  states  of  the  United  States  and  no 
state  shall  withdraw  from  the  union  of  states  known  as 
the  United  States  without  the  consent  of  a  majority  of 
the  other  states.  But  each  state  shall  have  at  least  one 
representative  in  Congress. 

Sec.  8.  All  monies,  books,  papers,  records,  and  other 
property  belonging  to  the  United  States,  any  state,  county, 
city,  town,  or  city  and  county,  at  the  time  of  the  adoption 
of  this  constitution  shall  belong  to  its  respective  successor 
under  this  constitution. 

Sec.  9.  The  regulating  or  governing  bodies  of  all 
towns,  cities,  counties  and  states  shall  be  constituted  as 
they  were  at  the  time  of  the  adoption  of  this  constitution, 
until  changed  as  herein  provided. 

The  mention  herein  of  any  office  or  official  shall  provide 
for  such  office.  Congress  may  provide  for  any  federal  office 
not  in  conflict  with  other  provisions  of  this  constitution 
and  fix  the  compensation  thereof,  not  to  exceed  that  of  a 
representative  in  Congress.  The  legislature  of  each  state 
may  provide  for  state  offices  and  fix  the  compensation, 
not  to  exceed  that  of  a  legislator  in  the  most  numerous 
branch  of  the  state  legislature.  Towns  and  cities  may 
provide  local  offices  of  their  own  and  fix  the  compensation 
not  in  conflict  with  any  of  the  provisions  of  this  constitu- 
tion. And,  in  accordance  herewith,  the  legislature  of 
each  state  may  provide  for  such  detective  force  as  may 
be  deemed  advisable. 

The  government  of  territories  existing  prior  to  the  year 


28  The   Anarchist   Constitution-. 

1898  shall  continue  as  at  the  time  of  the  adoption  of  this 
constitution  until  they  have  governors  and  legislatures  as 
provided  for  states  herein,  after  which  time  they  shall 
be  as  other  states. 

Sec.  10.  Either  the  governor  or  legislature  may  ap- 
point any  state  or  county  officer  or  official  to  fill  any 
vacancy. 

In  case  of  appointment  by  the  governor,  it  shall  be 
superseded  by  a  subsequent  appointment  by  the  legisla- 
ture. 

Sec.  11.  All  counties  existing  at  the  time  of  the  adop- 
tion of  this  constitution  shall  be  counties  until  changed 
in  accordance  with  this  constitution  and  the  sheriff  of 
each  county  holding  office,  or  duly  elected,  at  the  time  of 
the  adoption  of  this  constitution,  shall  serve  out  the  time 
for  which  he  was  elected. 

Sec.  12.  One  city  or  town  in  each  county  shall  be  des- 
ignated by  the  legislature  as  the  county  seat  and,  until 
otherwise  changed  by  the  legislature,  the  county  seat  of 
each  county  shall  be  the  same  as  at  the  adoption  of  this 
constitution. 

Each  county  shall  have  a  county  clerk  who  shall  be,  by 
virtue  of  his  office,  clerk  of  as  many  departments  of  the 
court  of  his  county  as  may  be  located  in  the  county  seat, 
and  also  registrar  of  voters  for  the  county  seat.  There 
shall  be  a  department  clerk  in  each  town  or  city  other  than 
the  county  seat  in  which  there  is  one  or  more  departments 
of  the  county  court,  and  he  shall  be,  by  virtue  of  his  office, 
clerk  of  all  the  departments  of  the  county  court  in  said 
town  or  city,  and  also  registrar  of  voters  in  said  to^^^l  or 
city.  There  shall  be  a  county  registrar  of  voters  who  shall 
have  supervision  of,  and  be  responsible  for,  the  registi^- 
tion  of  voters  within  the  county  and  not  within  the  terri- 
torial jurisdiction  of  a  county  or  department  clerk.  And 
he  shall  report  to  the  county  clerk.  But  there  shall  be 
no  county  registrar  of  voters  where  there  is  no  territory 
in  which  for  him  to  have  jurisdiction. 


The   Anarchist   Constitution-.  29 

Each  county  shall  have  a  sheriff  who  shall  be,  by  virtue 
of  his  office,  the  chief  of  police  for  the  county  seat,  and 
his  territorial  jurisdiction  shall  be  throughout  the  extent 
of  his  county;  all  towns  and  cities  having  one  or  more  de- 
partments of  the  county  court  therein,  excepted.  Each 
town  and  city,  not  a  county  seat,  and  having  one  or  more 
departments  of  the  county  court  located  therein,  shall  have 
a  deputy  sheriff  who  shall  be,  by  virtue  of  his  office,  the 
chief  of  police. 

Each  town  and  city  may  provide  for  such  a  police  force 
as  the  good  of  the  community  therein  may  seem  to  require, 
but  such  force  shall  be  diminished  as  fast  as,  and  as  far 
as,  the  good  of  the  community  therein  will  permit.  The 
sheriff  shall  have  police  supervision  over  his  county  at 
large  and  shall  have  such  police  force  therefor  as  the  state 
legislature  may  provide  but  such  force  shall  be  dimin- 
ished as  rapidly  as  the  welfare  of  the  county  will  permit. 

Sec.  13.  All  cities  and  towns  existing  at  the  time  of 
the  adoption  of  this  constitution  shall  be  cities  and  towns 
respectively  until  otherwise  provided  by  this  constitution 
or  by  the  legislature  of  the  state  in  which  they  are  sit- 
uated. 

Sec.  14.  Either  the  mayor  or  the  governing  body  of 
a  city  or  town  may  appoint  any  city  or  town  officer  or  offi- 
cial to  fill  a  vacancy. 

In  case  of  an  appointment  by  the  mayor,  it  shall  be 
superseded  by  a  subsequent  appointment  by  the  governing 
body  of  the  city  or  town. 

Sec.  15.  Every  town  shall  conduct  one  or  more  stores 
for  the  sale  of  merchandise  subject  to  the  general  super- 
vision of  the  mayor  of  the  town  and  the  governing  body 
thereof. 

Sec.  16.  All  towns  may  engage  in  and  conduct  such 
other  business  as  to  the  mayor  and  governing  body  may 
seem  proper  and  must  engage  in  and  conduct  to  the  best 
of  their  ability  such  other  business  as  a  majority  of  the 
voters  at  any  election  direct. 


30  The   Anarchist   Constitution". 

Sec.  17.  Sections  fifteen  and  sixteen  shall  apply 
equally  to  cities,  counties  and  states  with  the  exception 
that  the  provision  of  section  fifteen  in  regard  to  stores 
for  the  sale  of  merchandise  shall  not  apply  to  counties 
and  states. 

Sec.  18.  Every  city  and  town  shall  publish  a  directory 
at  least  every  two  years  and  every  city  having  a  population 
of  more  than  ten  thousand  inhabitants  shall  publish  a 
directory  every  year. 

Sec.  19.  The  legislature  shall  provide  for  the  most 
efficient  public  school  system  possible  and  all  books  used 
therein  shall  be  free  of  cost  to  the  pupils. 

Sec.  20.  The  United  States  may  engage  in  such  lines 
of  business  as  to  the  Congress  may  seem  proper. 

Sec.  31.  The  United  States  must  engage  in  and  con- 
duct to  the  best  of  their  ability  such  lines  of  business  as 
the  House  of  Eepresentatives  may,  by  a  two-thirds  vote, 
direct. 

Sec.  22.  The  United  States  must  engage  in  and  con- 
duct to  the  best  of  their  ability  such  lines  of  business  as 
a  majority  of  the  states  may  direct. 

Sec.  23.  The  United  States  must  engage  in  and  con- 
duct to  the  best  of  their  ability  such  lines  of  business  as 
a  majority  of  the  voters  at  any  national  election  may 
direct. 

Sec.  24.  The  United  States  must  submit  to  a  vote  of 
the  people  at  the  next  national  election,  for  approval  or 
rejection,  the  recommendation  to  the  Congress  to  engage 
in  any  line  of  business,  if  made  six  months  or  more  pre- 
vious to  a  national  election,  by  one-third  of  the  members 
of  Congress,  by  one-third  of  the  states,  by  three-fourths 
of  the  governors,  or  by  the  mayors  of  one-tenth  of  th# 
cities  of  more  than  ten  thousand  inhabitants. 

Sec.  25.  The  Congress  shall  have  general  supervision, 
acting  in  the  capacity  of  a  board  of  directors,  over  all  busi- 
ness carried  on  by  the  United  States,  but  no  person  con- 
nected with,  or  employed  in,  the  prosecution  of  such  busi- 


'  The   Anarchist   Constitution.  31 

ness  shall  have  a  greater  income  than  a  member  of  the 
House  of  Representatives. 

Sec.  26.  The  United  States  may  provide  for  and  main- 
tain such  navy  as  Congress  may  direct  under  such  rules 
and  regulations  as  Congress  may  establish. 

Sec.  27.  The  United  States  may  provide  for  and  main- 
tain such  army  as  Congress  may  direct  under  such  rules 
and  regulations  as  Congress  may  establish,  provided  that 
in  time  of  peace  when  war  is  not  imminently  impending 
such  army  shall  not  exceed  five  thousand  men. 

Sec.  28.  The  United  States  shall  maintain  one  mili- 
tary academy  and  one  naval  academy  under  the  direction 
of  Congress. 

Sec.  29.  Each  state  shall  provide  for  and  maintain 
a  citizen  militia,  under  the  direction  of  the  legislature, 
which,  in  time  of  peace,  shall  be  maintained  in  encamp- 
ment, as  in  military  campaign,  two  months  in  each  year. 
Each  male  citizen  of  the  state,  unless  excused  for  physical 
incapacity  must  serve  through  two  yearly  encampments 
before  he  reaches  the  age  of  twenty-one  years,  provided 
no  person  need  serve  under  this  section  who  has  passed 
the  age  of  nineteen  years  at  the  time  of  the  adoption  of 
this  constitution.  The  United  States  shall  place  at  the 
disposal  of  each  state  one  military  instructor,  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  section,  who 
shall  be  a  graduate  of  the  United  States  military  academy. 
In  time  of  peace,  no  person  shall  belong  to  said  militia 
who  has  passed  the  age  of  twenty-two  years  and,  in  time 
of  peace,  no  person  shall  be  required  to  serve  in  the  said 
militia  more  than  for  two  months  in  each  one  of  two  dif- 
ferent years. 

Sec.  30.  No  patents  or  copyrights  for  new  inventions 
or  writings  shall  ever  be  issued  in  the  United  States. 

Sec.  31.  Congress  shall  be  a  committee  of  the  whole 
for  the  purpose  of  suitably  rewarding  inventors  and 
writers  for  their  work  upon  the  recommendation  of  the 
home  state  of  the  inventor  or  author.     But  this  shall  not 


32  The   Anarchist   Constitution-. 

be  construed  as  prohibiting  Congress  from  acting  on  the 
recommendations  of  a  sub-committee  for  the  considera- 
tion of  such  rewards.  Each  state  legislature  shall,  in 
like  manner,  be  a  committee  of  the  whole  for  rewarding 
inventors  and  authors  of  such  state  upon  the  recommenda- 
tion of  the  home  town  or  city  of  an  inventor  or  author. 
Each  town  or  city  governing  body  shall,  in  like  manner, 
be  a  committee  of  the  whole  for  awarding  such  rewards, 
provided  each  town  or  city  governing  body  may  prescribe 
•for  its  own  regulation  under  what  conditions  it  will  take 
cognizance  of  applications  for  such  rewards,  and  such  con- 
ditions must  be  uniform  as  to  all  such  applications.  Any 
resident  of  such  town  or  city  may,  within  thirty  days, 
appeal  to  the  legislature  to  stay  such  award  for  a  reason- 
able time  and  the  legislature  may  stay  the  award  and  de- 
clare it  annulled.  The  legislature  shall  not  reward  an 
inventor  or  author  upon  the  recommendation  of  his  home 
town  or  city  to  a  greater  extent  than  is  so  recommended. 
And,  upon  any  award  by  the  legislature,  any  legislator, 
thereof,  may  appeal  to  the  Congress  to  stay  such  award 
for  a  reasonable  time  and  the  Congress  may  stay  the  award 
and  declare  it  annulled.  The  Congress  shall  not  reward 
an  inventor  or  author  upon  the  recommendation  of  his 
home  state  to  a  greater  extent  than  is  so  recommended. 
Congress  shall  make  no  awards  to  inventors  or  authors 
except  upon  the  recommendation  of  the  home  state  of  the 
inventor  or  author.  The  legislature  shall  make  no  awards 
to  inventors  or  authors  except  upon  the  recommendation 
of  the  home  town  or  city  of  the  inventor  or  author. 

Sec.  32.  Any  city  or  state  may  submit  to  a  vote  of 
the  people  at  any  regular  election  whether  or  not  to  engage 
any  specified  number  of  persons  on  salary  to  work  on  |ny 
invention  or  literary  production  and,  unless  the  names  of 
such  persons  and  the  salaries  to  be  paid  are  provided  for 
in  such  election,  all  persons  engaged  by  virtue  of  such 
election  shall  be  paid  only  the  average  earnings  of  jurors, 
as  determined  by  the  provisions  of  this  constitution. 


The   Anarchist    Constitution".  33 

Sec.  33.  No  legislative  or  governing  body  in  the 
United  States,  or  in  any  of  them,  shall  define  any  crime 
or  fix  any  penalty  for  misbehavior,  provided  that  courts 
shall  not  be  construed  as  governing  bodies. 

All  trials  shall  be  public  unless  by  mutual  agreement 
between  both  plaintiff  and  defendant,  and  otherwise  sanc- 
tioned by  the  adviser. 

Sec.  34.  Congress  shall  have  power  to  establish  United 
States  courts,  not  in  conflict  with  any  of  the  provisions 
of  this  constitution,  and  prescribe  their  constitution, 
duties,  regulations  and  jurisdiction;  provided,  they  shall 
not  have  jurisdiction  over  causes  arising  between  citizens 
or  residents  of  the  same  state  nor  have  jurisdiction  over 
the  misbehavior  of  any  person  not  a  federal  officer  com- 
mitted within  any  state. 

Sec.  35.  Every  state  shall  establish  in  each  county  one 
court,  which  may  be  divided  into  as  many  departments 
as  the  legislature  shall  direct,  which  shall  be  known  as 
the  county  court  of  the  county  in  which  it  is. 

Sec.  36.  The  county  court  of  each  county  shall  be 
divided  into  as  many  departments  as  the  legislature  may 
from  time  to  time  direct,  and  the  departments  located  as 
the  legislature  may  direct. 

Sec.  37.  The  governor  of  each  state  shall  appoint  for 
each  department  of  each  county  court  within  his  state 
a  court  adviser  who  has  served  one  year  in  his  county  as 
a  judge  prior  to  the  adoption  of  this  constitution  and, 
without  good  and  sufficient  cause  to  his  own  satisfaction 
for  the  contrary,  he  must  appoint  as  court  adviser  the 
last  judge  of  said  court  who  has  served  the  requisite  time. 
Said  adviser  shall  serve  until  as  otherwise  herein  pro- 
vided. Said  adviser  shall,  either  in  person  or  (when 
necessary)  by  a  substitute  to  be  appointed  by  him,  pre- 
side over  every  case  considered  by  his  department  and 
give  such  advice  as  he  can  that  he  may  be  asked  for  by 
either  party  to  the  case  or  by  any  of  the  jury.  He  may 
also  volunteer  such  advice  as  to  him  may  seem  pertinent 


34  The   Anarchist    Constitution. 

to  the  case  but  in  no  case  shall  he  direct  or  instruct  any 
jury  as  to  what  verdict  must  be  rendered. 

Sec.  38.  Any  person  who  believes  that  his  rights,  or  the 
rights  of  the  community,  have  been  materially  infringed 
upon  so  as  to  amount  to  great  injustice  may  constitute 
himself  a  plaintiff  and,  without  cost,  file  his  complaint  with 
the  county  or  department  clerk  and  if  the  defendant  named 
therein  resides  in  the  same  town  or  city  the  county  or 
department  clerk  must  endorse  the  complaint,  or  a  copy 
or  synopsis  thereof,  to  the  sheriff  or  deputy  sheriff  which 
shall  constitute  a  warrant  and,  except  in  cases  of  murder 
or  other  heinous  felony,  in  which  cases  the  complaint 
must  be  endorsed  by  three  citizens  before  it  can  be  taken 
cognizance  of,  he  shall  recommend  a  proper  amount  of 
bail.  If  the  sheriff  or  deputy  sheriff  approve  the  amount 
of  bail  recommended  by  the  county  or  department  clerk 
he  shall  take  such  bail  or  arrest  the  defendant.  If  he 
does  not  approve  such  amount  of  bail  the  county  or  de- 
partment clerk,  the  sheriff  or  deputy  sheriff,  and  the  court 
adviser  (or  advisers  if  it  be  in  a  town  or  city  in  which 
there  are  more  than  one  department)  shall  constitute  a  bail 
board  and  a  majority,  or  half  if  it  be  of  an  even  number, 
of  such  board,  shall  determine  a  proper  amount  of  bail. 
If  it  be  too  serious  a  felony  for  the  county  or  department 
clerk  to  recommend  any  amount  of  bail,  the  bail-board 
must  be  called  upon  immediately  to  pass  judgment  there- 
on and  each  member  of  the  bail-board  must  endorse  on  the 
complaint,  or  copy  or  synopsis  thereof  signed  by  the  county 
or  department  clerk,  his  judgment  of  amount  of  bail  to 
be  required.  If  a  majority,  or  half,  of  the  members  of 
said  bail-board  agree  on  any  amount,  such  shall  be  the 
amount.  If  not,  the  average  of  such  amounts  so  endorsed 
shall  be  the  amount  of  bail  to  be  required.  If  the  defend- 
ant does  not  reside  in,  or  cannot  be  found  in,  the  town 
or  city  in  which  the  complaint  is  filed  the  county  or  depart- 
ment clerk  shall,  if  in  his  opinion  the  case  warrants  the 
apprehension  of  the  defendant,  or  in  case  the  bail-board 


The   Anarchist    Constitution.  35 


has  been  called  upon  to  determine  a  proper  amount  of 
bail  to  be  required^  endorse  to  the  sheriff  or  deputy  sheriff 
as  serviceable  anywhere  within  the  county  the  complaint, 
or  copy  or  synopsis  thereof,  signed  by  him,  which  com- 
plaint, or  copy  or  synopsis  thereof,  is  the  warrant  to  the 
sheriff,  or  deputy  sheriff,  for  the  arrest  of  the  defendant 
anywhere  within  the  county.  If  said  warrant  be  endorsed 
as  serviceable  throughout  the  state  by  all,  or  all  but  one, 
of  the  bail-board  it  shall  be  serviceable  as  a  warrant  for 
arrest  in  any  part  of  the  state  and  if,  in  addition  to  said 
endorsements,  it  be  endorsed  by  the  governor  it  shall  be 
serviceable  in  any  part  of  the  United  States.  Provided, 
however,  that  if  there  be  two  or  more  warrants  for  the 
same  defendant  the  one  bearing  the  earliest  date  shall 
have  precedence  unless  otherwise  mutually  agreed  by  the 
advisers  and  provided  that  in  cases  where  this  is  not 
sufficient  to  settle  any  controversy  it  may  be  determined 
by  the  governor  except  where  two  or  more  states  are  in- 
volved it  shall  be  determined  by  the  President. 

Sec.  39.  All  complaints  shall  be  numbered  by  the 
county  or  department  clerk  as  they  are  filed,  in  numerical 
order.  And  all  cases  shall  be  heard  and  tried  in  numeri- 
cal order,  according  to  the  number  of  the  complaint,  ex- 
cept as  herein  provided. 

Sec.  40.  The  adviser  shall  grant  the  first  postpone- 
ment of  a  case  if  mutually  desired  by  both  the  plaintiff  and 
defendant  and,  in  cases  of  such  mutual  desire,  may  grant 
further  postponements  indefinitely. 

Sec.  41.  At  the  solicitation  of  either  plaintiff  or  de- 
fendant a  postponement  shall  be  had  by  the  unanimous 
consent  of  the  bail-board. 

Sec.  42.  At  the  solicitation  of  the  defendant  one  post- 
ponement, not  exceeding  thirty  days,  must  be  granted, 
if  no  previous  postponement  has  been  granted. 

Sec.  43.  At  the  solicitation  of  either  plaintiff  or  de- 
fendant at  any  time  a  postponement  must  be  granted  pro- 
vided a  physician's  certificate  be  produced  showing  that 


36  The   Anarchist   Constitution". 

the  party  is  unable  to  attend  court  and  provided  for 
the  first  postponement  the  certificate  is  signed  by  one  phy- 
sician, the  second  by  two,  the  third  by  three,  and  so  on  in- 
definitely and  provided  that  only  one  such  postponement, 
not  exceeding  ten  days,  at  the  solicitation  of  the  plaintiff, 
can  be  had  unless  the  defendant  has  been  released  on  bail. 

At  the  solicitation  of  either  plaintiff  or  defendant,  one 
postponement,  not  exceeding  ten  days,  shall  be  granted  for 
the  inability  of  a  principal  witness,  registered  with  the 
county  or  department  clerk  as'  such.  And,  in  cases  of 
heinous  felony,  any  number  of  postponements  may  be 
granted,  in  like  manner,  in  the  discretion  of  the  adviser, 
upon  solicitation  of  defendant. 

Sec.  44.  No  court  or  department  thereof  shall  hear  or 
determine  any  case  within  one  week  from  the  date  of  filing 
complaint  except  by  request  of  both  plaintiff  and  defend- 
ant and  in  no  case  can  a  jury  trial  be  waived. 

Sec.  45.  Every  case  shall  be  tried  by  a  jury  and  every 
jury  shall  consist  of  twelve  jurors  who  shall  be  men  whose 
names  are  in  the  directory  herein  provided  for,  provided 
that  where  women  are  allowed  to  vote  they  shall  be  men 
or  women,  or  both,  whose  names  are  in  the  directory.  The 
county  or  department  clerk  shall  take  the  names  of  eligi- 
ble jurors  in  alphabetical  order  out  of  the  directory  with- 
out skipping  or  excusing  any  person  eligible  to  serve  as  a 
juror.  Any  person  who  has  not  reached  the  age  of  twen- 
ty-one years,  or  who  has  passed  the  age  of  sixty  years,  shall 
be  excused  from  jury  duty.  No  juror  shall  serve  on  any 
case  where  he  is  ancestor  or  posterity  of  either  plaintiff 
or  defendant  or  brother  or  sister  or  a  member  of  the  same 
household.  A  juror's  official  statement  on  the  subject 
shall  be  conclusive  evidence  as  to  such  relation  and  a 
juror  excused  for  any  reason  shall  serve  on  the  next  jury 
in  the  same  department  for  which  he  is  eligible. 

Sec.  4G.  The  jury  shall  be  absolute  judge  of  all  ques- 
tions of  law  and  fact  and  of  the  admissibility  of  evidence. 
The  adviser  may  give  an  opinion  of  the  admissibility  of 


The   Anarchist    Constitution.  37 

evidence  but  such  opinion  may  be  over-ruled  by  a  majority 
of  the  jury.  One-half  of  the  jury  with  the  adviser  con- 
curring or  a  majority  of  the  jury  in  opposition  to  the  ad- 
viser shall  be  the  decision  of  the  court  in  everything; 
questions  of  law,  questions  of  fact;,  admissibility  of  evi- 
dence, verdict,  judgment,  and  sentence,  all  included,  ex- 
cept as  otherwise  herein  provided. 

Sec.  47.  \\niere  a  majority  of  the  jury  is  herein  spoken 
of,  one-half  of  the  jury  with  the  adviser  concurring  shall 
constitute  such  majority,  as  w^ell  as  seven  or  more  of  the 
twelve  jurors  without  regard  to  the  decision  of  the  ad- 
viser. 

Sec.  48.  Where  more  than  one  case  can  be  tried  in  one 
day  the  jury  shall  serve  one  full  day  provided  when,  after 
trying  one  case,  a  majority  of  the  jury  and  both  plaintiff 
and  defendant  believe  the  next  case  cannot  be  completed 
that  day,  or  when  a  majority  of  the  jury  and  the  adviser 
and  either  plaintiff  or  defendant  believe  the  next  case 
cannot  be  completed  that  day,  the  jury  shall  not  take  up 
the  next  case.  But,  notwithstanding,  a  jury  must  com- 
plete a  case  started  in  on  and,  in  case  of  such  serious  ill- 
ness of  a  juror  that  he  cannot  serve  on,  or  complete,  a 
case,  vouched  for  by  a  physician,  he  shall  be  excused  and 
the  next  eligible  juror  substituted;  but  a  juror  so  excused 
shall  serve  on  the  next  jury  after  he  is  again  able  to  serve, 
for  the  determination  of  which  his  physician  must  vouch, 
and  the  county  or  department  clerk  must  see  that  such 
juror  is  not  indefinitely  excused. 

Sec.  49.  Any  juror  may  ask  any  question  pertinent  to 
the  case  during  the  progress  of  the  trial. 

Sec.  50.  After  the  jury  has  heard  all  the  testimony  on 
both  sides  both  plaintiff  and  defendant  may  address  the 
jury  within  reasonable  limits  in  the  discretion  of  the 
adviser,  reversible  on  appeal  to  the  jury,  after  which  the 
adviser  shall  give  his  advice  to  the  jury,  as  unprejudiced 
against  either  side  as  possible,  calling  attention  to  those 


38  The   Anarchist    Constitution. 

matters  which,  from  his  experience,  and  in  his  judgment, 
appear  to  him  to  be  most  pertinent  to  the  case. 

Sec.  51.  The  jury  shall  then  retire  and  deliberate  on 
the  case.  During  such  deliberation  one-half  or  more  of 
the  jury  may  call  for  the  plaintiff  and  defendant  (but 
neither  one  without  the  other)  in  which  case  they  may  be 
accompanied  by  their  attorneys,  and  the  adviser  also  if 
one-half  of  the  jury  desire  him,  for  further  enlightenment 
and  the  jury  may  dismiss  them  all  when  a  majority  so 
desires. 

When  called  to  the  jury  room  for  consultation  the  ad- 
viser shall  give  only  such  advice  or  consultation  as  he  is 
asked  for  by  a  juror. 

Sec.  52.  Any  jury  may  also  register  with  the  county 
or  department  clerk  a  vote  of  censure  against  the  adviser, 
any  attorney  on  either  side  of  the  case,  the  county  or  de- 
partment clerk,  the  sheriff  or  deputy  sheriff,  any  police- 
man (especially  for  discourtesy  at,  or  subsequent  to,  the 
time  of  making  arrest)  or  any  person  whose  official  con- 
duct is  brought  to  their  notice.  When  three  different 
juries  have  registered  a  vote  of  censure  against  any  person 
a  complaint  against  such  person  may  be  filed  by  any  juror 
having  served  on  any  of  the  juries  which  registered  such 
vote  of  censure  or  by  any  one  in  whose  behalf  any  such  vote 
of  censure  has  been  registered.  And  when  such  complaint 
is  heard  and  tried  the  jury  having  the  trial  thereof  may 
include  as  part,  or  the  whole,  of  their  sentence  a  suspen- 
sion for  a  specified  time,  or  dismissal,  from  the  office  held 
])y  such  person  provided  that  in  case  of  attorneys  such 
attorneys  can  not  be  disbarred  from  the  management  of 
any  cases  already  in  their  charge  nor,  for  the  first  time, 
for  a  longer  period  than  six  months. 

Sec.  53.  Every  jury  must  file  with  the  county  or  de- 
partment clerk  an  official  statement  of  the  monthly  earn- 
ings of  each  juror  thereon,  as  nearly  as  he  is  able  to  esti- 
mate the  same.  Each  juror  in  registering  the  amount  of 
his  earnings  shall  give  as  such  amount  his  gross  income 


The   Anarchist    Constitution.  39 

less  such  necessary  amount  as  must  be  paid  therefrom 
for  unavoidable  expense  not  counting  in  such  expense  any 
cost  of  living,  either  for  himself  or  any  one  dependent 
upon  him.  For  instance,  a  merchant  must  give  what  he 
receives  for  goods  sold  in  excess  of  the  cost  thereof,  or 
gross  profit;  less  what  he  pays  for  rent  of  store,  light, 
heat,  etc.,  and  pay  to  employees,  but  not  deducting  the 
rent  of  his  domicile  or  any  family  or  living  expense. 

At  the  end  of  each  month  during  the  first  year  after  the 
adoption  of  this  constitution,  and  at  the  end  of  each  year 
thereafter,  the  county  or  department  clerk  must  certify 
to  the  state  legislature  the  average  earnings  of  jurors  as 
determined  by  such  official  statements  and  the  state  legis- 
lature, at  such  intervals,  shall  cause  to  be  promulgated 
the  average  earnings  of  jurors  throughout  the  state  as 
determined  by  such  statements.  Each  state  legislature 
must  also,  in  like  manner,  cause  Congress  to  be  notified 
of  the  average  earnings  of  the  jurors  of  the  state  and 
Congress  shall  cause  to  be  promulgated  therefrom,  at  such 
intervals,  the  average  earnings  of  jurors  throughout  the 
United  States.  And  where  jury  pay  or  the  pay  of  jurors 
is  herein  referred  to  such  average  earnings  of  jurors  in 
the  state  shall  be  the  standard  or  unit  as  to  such  state  and 
such  average  earnings  of  jurors  throughout  the  United 
States  shall  be  the  standard  or  unit  as  to  the  United 
States. 

But  where  women  serve  on  juries,  the  foregoing  shall 
not  apply  to  such  women;  but  only  the  earnings  of  men 
shall  be  considered:  and  of  only  such  men,  too,  as  do  not 
receive  three-tenths  jury  pay  for  incapacity. 

Sec.  54.  No  offense  or  misbehavior  of  any  person 
under  the  age  of  thirteen  years  shall  be  taken  cognizance 
of  in  a  criminal  way  by  any  court  or  officer  in  the  United 
States  and,  only  in  cases  of  the  greatest  enormity  and 
depravity,  and  by  unanimous  verdict  of  the  jury,  with  the 
adviser  concurring,  may  such  child  be  restrained  and  such 
restraint  shall  not  be  confinement  in  any  jail  or  imprison- 


40  The   Anarchist    Constitution. 

ment  in  any  place  where  adults  are  confined  but  may  be 
compulsory  attendance  at  some  school,  subject  only  to  the 
usual  regulations  thereof,  aside  from  compulsory  attend- 
ance, and  for  a  specified  time  only. 

Sec.  55.  A  unanimous  verdict  of  the  jury,  with  the 
adviser  concurring,  shall  be  necessary  to  punish  a  child 
under  the  age  of  fifteen  years. 

Sec.  56.  A  unanimous  verdict  of  the  jury  shall  be 
necessary  to  punish  a  person  under  the  age  of  seventeen 
years. 

Sec.  57.  In  all  cases  requiring  a  unanimous  verdict, 
the  jury  must  agree  unanimously  on  the  sentence. 

Sec.  58.  To  convict  and  punish  a  person  under  the 
age  of  twenty-one  years,  three-fourths  of  the  jury  must 
agree  thereon. 

Sec.  59.  It  shall  be  necessary  for  a  majority  of  the 
jury  only  to  agree  on  a  verdict  and  sentence  when  the 
defendant  has  passed  the  age  of  twenty-one  years. 

Sec.  60.  In  case  of  sentence  against  the  defendant,  the 
defendant  may  have  a  new  trial  upon  petition  to  the 
county  or  department  clerk  signed  by  all  the  jurors,  or 
so  many  of  them  as  are  living  and  have  not  been  subse- 
quently convicted  for  misconduct  at  the  trial  of  said  de- 
fendant, and  the  adviser. 

Sec.  61.  In  the  case  of  sentence  agreed  to  by  all  the 
jurors,  and  endorsed  by  the  adviser,  the  defendant  may 
have  a  new  trial  by  petition  to  the  county  or  department 
clerk  signed  by  ninety  of  the  one  hundred  or  less  number 
of  persons  last  serving  as  jurors  in  that  department  prior 
to  the  trial  of  the  defendant's  own  case.  Those  of  the  one 
hundred  who  are  shown,  by  the  records  of  any  county  in 
the  United  States,  to  have  died  shall  be  counted  with  those 
who  have  signed  said  petition. 

Sec.  62.  In  case  of  sentence  agreed  to  by  all  the  jurors, 
and  not  endorsed  by  the  adviser,  the  defendant  may  have 
a  new  trial  upon  petition  to  the  county  or  department 
clerk  signed  by  seventy-five  of  the  one  hundred  or  less 


The   Anarchist    Constitution.  41 

number  of  persons  last  serving  as  jurors  in  that  depart- 
ment prior  to  the  trial  of  the  defendant's  own  case. 
Those  of  the  one  hundred  or  less  who  are  shown^  by  the 
records  of  any  county  in  the  United  States,  to  have  died 
shall  be  counted  with  those  who  have  signed  said  petition. 

Sec.  63.  In  case  of  sentence  agreed  to  by  ten  or  eleven 
of  the  jurors  only,  and  endorsed  by  the  adviser,  the  defend- 
ant may  have  a  new  trial  by  petition  to  the  county  or  de- 
partment clerk  signed  by  seventy-five  of  the  one  hundred 
or  less  number  of  persons  last  serving  as  jurors  in  that  de- 
partment prior  to  the  trial  of  the  defendant's  own  case. 
Those  of  the  said  one  hundred  who  are  shown,  by  the 
records  of  any  county  in  the  United  States,  to  have  died 
shall  be  counted  with  those  who  have  signed  said  petition. 

Sec.  64.  In  case  of  sentence  agreed  to  by  ten  or  eleven 
of  the  jurors,  and  not  endorsed  by  the  adviser,  the  de- 
fendant may  have  a  new  trial  by  petition  to  the  county 
or  department  clerk  signed  by  sixty  of  the  one  hundred 
or  less  number  of  persons  last  serving  as  jurors  in  that 
department  prior  to  the  trial  of  the  defendant's  own  case. 
Those  of  the  said  one  hundred  or  less  who  are  shown,  by 
the  records  of  any  county  in  the  United  States,  to  have 
died  shall  be  counted  with  those  who  have  signed  said 
petition. 

Sec.  65.  In  the  case  of  sentence  agreed  to  by  eight  or 
nine  of  the  jurors  only,  and  endorsed  by  the  advisor,  the 
defendant  may  have  a  new  trial  by  petition  to  the  county 
or  department  clerk  signed  by  sixty  of  the  one  hundred 
or  less  number  of  persons  last  serving  as  jurors  in  that  de- 
partment prior  to  the  trial  of  the  defendant's  own  case. 
Those  of  the  said  one  hundred  or  less  who  are  shown,  by 
the  records  of  any  county  in  the  United  States,  to  have 
died  shall  be  counted  with  those  who  have  signed  said 
petition. 

Sec.  6Q.  In  the  case  of  sentence  agreed  to  by  eight  or 
nine  of  the  jurors  only,  and  not  endorsed  by  the  adviser, 
the  defendant  may  have  a  new  trial  upon  petition  to  the 


42  The   Anarchist    Constitution. 

county  or  department  clerk  signed  by  fifty  of  the  one 
hundred  or  less  number  of  persons  last  serving  as  jurors 
in  that  department  prior  to  the  trial  of  the  defendant's 
own  case.  Those  of  the  said  one  hundred  or  less  who 
are  shown,  by  the  records  of  any  county  in  the  United 
States,  to  have  died  shall  be  counted  with  those  who  have 
signed  said  petition. 

Sec.  67.  In  case  of  sentence  agreed  to  by  seven  of  the 
jurors  only,  and  endorsed  by  the  adviser,  the  defendant 
may  have  a  new  trial  by  petition  to  the  county  or  depart- 
ment clerk  signed  by  fifty  of  the  one  hundred  or  less 
number  of  persons  last  serving  as  jurors  in  that  depart- 
ment prior  to  the  trial  of  the  defendant's  own  case. 
Those  of  the  said  one  hundred  or  less  who  are  shown,  by 
the  records  of  any  county  in  the  United  States,  to  have 
died  shall  be  counted  with  those  who  have  signed  said 
petition. 

Sec.  68.  In  the  case  of  sentence  agreed  to  by  seven  of 
the  jurors  only,  and  not  endorsed  by  the  adviser,  the  de- 
fendant may  have  a  new  trial  by  petition  to  the  county 
or  department  clerk  signed  by  twenty-five  of  the  one  hun- 
dred or  less  number  of  persons  last  serving  as  jurors  in 
that  department  prior  to  the  trial  of  the  defendant's  own 
case.  Those  of  the  said  one  hundred  or  less  who  are 
shown,  Ijy  the  records  of  any  county  in  the  United  States, 
to  have  died  shall  be  counted  with  those  who  have  signed 
said  petition. 

Sec.  69.  In  the  case  mentioned  in  Sec.  68,  the  defend- 
ant may  also  have  a  new  trial  upon  petition  to  the  county 
or  department  clerk  signed  by  the  adviser  and  five  of  the 
jurors  who  tried  his  case. 

Sec.  70.  The  state  legislature  may  provide  under  what 
conditions  a  new  trial  may  be  granted  to  the  plaintiff,  but 
otherwise: 

Sec.  71.  No  plaintiff  shall  be  granted  a  new  trial  when 
the  verdict  of  tlie  jury  is  unanimous  and  endorsed  by  the 
adviser. 


The   Anarchist    Constitution.  43 

Sec.  72.  No  defendant  shall  be  fined  or  imprisoned  for 
non-payment  of  a  debt  in  consequence  of  credit  having 
been  extended  to  him,  nor  shall  any  defendant  be  fined 
or  imprisoned  as  a  result  of  any  trial  subsequent  to  the 
first  one,  granted  at  the  solicitation  of  the  plaintiff,  not- 
withstanding Section  70.  But  this  shall  not  be  construed 
as  prohibiting  punishment  for  acquisitions  by  false  pre- 
tense, upon  the  first  trial,  nor  as  prohibiting  the  award  of 
damages  upon  a  trial  subsequent  to  the  first  granted  upon 
solicitation  of  the  plaintiff. 

Sec.  73.  Punishment  by  death  shall  never  be  inflicted 
in  any  case. 

Sec.  74.  Punishment  by  the  whipping  post,  as  well  as 
everything  akin  to  it  in  nature,  and  all  punishment  of 
whatsoever  nature  or  kind  by  means  of  physical  or  corporal 
pain,  or  maiming,  shall  be  unconstitutional  and,  there- 
fore, prohibited. 

Sec.  75.  A  plaintiff  shall  be  entitled  to  a  new  trial 
upon  a  unanimous  verdict  against  him  by  the  jury,  and 
not  endorsed  by  the  adviser,  provided  one-half  the  advisers 
of  the  state  and  any  one  of  the  jury  endorse  a  petition 
therefor  to  the  county  or  department  clerk. 

Sec.  76.  A  plaintiff  shall  have  a  new  trial  upon  a  ver- 
dict against  him  agreed  to  by  more  than  six  and  less  than 
twelve  of  the  jurors,  and  endorsed  by  the  adviser,  provided 
one-third  of  the  advisers  of  the  state  and  any  juror  on 
the  case  endorse  a  petition  to  the  county  or  department 
clerk  therefor. 

Sec.  77.  A  plaintiff  shall  have  a  new  trial  upon  a  ver- 
dict against  him  agreed  to  by  more  than  six  and  less  than 
twelve  of  the  jurors,  and  not  endorsed  by  the  adviser,  pro- 
vided the  adviser  and  two  other  advisers  of  the  state  and 
one  juror  on  the  case  endorse  a  petition  to  the  county 
or  department  clerk  therefor. 

Sec.  78.  A  jury  can,  by  a  verdict  agreed  to  by  three- 
fourths  of  the  jurors,  and  endorsed  by  the  adviser,  or,  by 
a  unanimous  verdict,  not  endorsed  by  the  adviser,  properly 


44  The   Anarchist    Constitution. 

punish  a  plaintiff  in  the  case  on  trial  before  such  jury 
for  unwarranted  prosecution,  but  this  section  shall  not  be 
construed  as  placing  upon  a  jury  any  duty  to  punish  a 
plaintiff  for  mere  failure  to  show  a  just  and  good  cause 
of  prosecution,  especially  in  matters  of  a  very  serious 
nature,  but  only  to  authorize  such  punishment,  within  a 
reasonable  degree  where  the  prosecution  is  clearly  and 
manifestly,  without  any  reasonable  doubt,  an  intentional 
injustice  and  persecution. 

Sec.  79.  No  oath  of  any  kind  shall  ever  be  required 
of  any  person  in  the  United  States. 

Sec.  80.  Perjury  shall  be  of  two  classes — material  and 
immaterial.  To  which  class  any  perjury  belongs  is  a  ques- 
tion of  fact  for  the  determination  of  the  jury. 

Sec.  81.  Any  official  statement,  verbal  or  written,  to 
any  court,  if  untrue,  is  perjury.  Any  testimony  of  a 
witness  in  court  is  official  statement. 

Sec.  82.  Any  willful  concealment  of  material  or  im- 
portant facts  or  circumstances,  which  it  would  be  proper 
for  the  jury  to  know,  on  the  part  of  a  witness  is  perjury. 

Sec.  83.  Any  official  statement  in  the  nature  of  an 
affidavit  in  writing,  certified  to  by  an  officer  authorized  by 
Congress  or  by  the  legislature  to  certify  such  statements, 
if  such  statement  be  false  or  untrue,  shall  be  perjury  on 
the  part  of  the  person  making  same. 

Sec.  84.  Any  official  statement  in  writing  from  one 
government  official  to  another  or  from  any  person  to  any 
legislative,  governmental  or  judicial  body  or  to  any  gov- 
ernment official,  if  false  and  untrue,  with  the  knowledge 
that  it  was  addressed  to  such  parties,  is  perjury. 

Sec.  85.  The  age  of  consent  in  females  shall,  in  no 
case,  be  less  than  fourteen  years.  Between  the  ages  of 
fourteen  and  seventeen  it  shall  rest  with  the  jury  to  deter- 
mine whether  or  not  consent  could  be  given,  due  consid- 
eration being  given,  where  proper,  to  the  age  of  the  other 
party,  as  well  as  to  other  circumstances. 


The   Anarchist    Constitution-.  45 

At  the  age  of  seventeen  a  girl  has  reached  the  age  of 
consent. 

Sec.  86.  No  particular  or  precise  form  of  marriage 
ceremony  shall  be  required,  but  any  form  mutually  agreed 
upon  by  both  parties  thereto  shall  suffice. 

Sec.  87.  No  person  shall  be  a  party  to  any  incestuous 
marriage  or  co-habitation. 

Sec.  88.  No  person  shall  marry,  or  co-habit  with,  any 
girl  who  has  not  reached  the  age  of  consent. 

Sec.  89.     All  children  are  hereby  made  legitimate. 

Sec.  90.  Any  marriage,  by  whatever  form,  may  be  re- 
corded by  both  parties  thereto,  or  either  of  them  with  the 
written  consent  of  the  other,  with  the  county  or  depart- 
ment clerk  and  certified  to  by  as  many  witnesses  as  may 
be  desired,  not  exceeding  four,  on  the  marriage  records  of 
the  county  or  department  clerk.  Any,  or  all,  children  of 
either,  or  both,  the  parties  thereto  may  be  recorded  like- 
wise and  where  one  or  more  children  are  recorded,  the 
record  being  subscribed  to  by  both  parents,  neither  parent 
can  thereafter  dispute  the  parentage  and,  when  only  sub- 
scribed to  by  one  parent,  such  parent  can  not  thereafter 
dispute  the  parentage. 

Sec.  91.  Marriage  is  hereby  declared  to  be  for  the  pur- 
pose of  giving  paternity  to  children  and  not  for  the  pur- 
pose of  compelling  people  to  live  together  against  their 
will.  , 

Sec.  93.  The  validity  of  a  marriage  valid  at  the  time 
of  the  adoption  of  this  constitution  shall  not  be  brought 
into  question. 

Sec.  93.  Immediately  upon  marriage  the  surname  of 
the  woman  shall  change  to  that  of  the  man  whom  she  mar- 
ries but  upon  the  termination  of  the  marriage,  by  death 
of  the  husband  or  otherwise,  she  may  again  assume  her  pre- 
vious, or  maiden,  surname  provided  she  first  record  with 
the  county  or  department  clerk  within  whose  territorial 
jurisdiction  she  lives  the  fact  that  she  does  so  assume. 

Sec.  94.     A  physician  must  be  called  in  to  attend  every 


46  The   Anarchist    Constitution. 

birth  and  the  attending  physician  mnst  record  with  the 
county  or  department  clerk  every  birth  he  attends,  within 
one  week  after  the  birth,  giving  the  name  of  the  father 
(if  known),  mother  and  child.  The  child^s  name  must  be 
told  to  the  physician  by  the  father,  mother,  or  both.  The 
physician  must  also  record  the  day  of  the  child's  birth 
and  the  location  where  born.  The  father  must,  wdthin 
thirty  days  after  said  birth,  subscribe  to  the  registration 
recorded  by  the  physician,  first  having  identified  himself 
if  unknown ;  j^rovided  that  if  the  record  in  the  matter  be 
incorrect  or  incomplete  the  physician  must  correct  or  com- 
plete same,  after  which  the  father  must  subscribe  thereto 
within  thirty  days.  If  the  father  does  not  subscribe  to 
the  record  the  mother  must  do  so  within  sixty  days,  or 
as  soon  as  she  is  able  in  the  opinion  of  the  physician. 
Where  a  birth  does  not  occur  in  a  city  or  town  within 
which  there  is  a  department  or  county  clerk  these  matters 
may  be  recorded  and  subscribed  to  by  means  of  affidavits 
mailed  to  the  county  or  department  clerk,  but  in  all  cases 
the  records  must  show  all  the  material  facts  in  such  a 
way  as  to  be  readily  referred  to.  If  the  physician  does 
not  record,  it  shall  be  the  duty  of  any  to  whom  such  knowl- 
edge come  to  file  a  complaint  against  him  therefor.  And 
if  the  parent  whose  duty  it  is  does  not  subscribe  thereto 
the  county  or  department  clerk  must,  when  the  time  limit 
expires,  file  a  complaint  against  the  offending  person  for 
such  neglect.  ^ 

Sec.  95.  In  event  of  the  inability,  or  neglect,  of  the 
attending  physician  to  record,  it  shall  be  the  duty  of  any 
person  having  knowledge  thereof  to  see  that  the  matter 
is  recorded  by  himself  or  some  one  else  and  in  event  of 
inability,  or  neglect,  of  a  parent  to  subscribe  thereto  it 
shall  be  the  duty  of  any  person  having  knowledge  thereof 
to  see  that  the  record  is  subscribed  to  by  himself  or  some 
one  else. 

Sec.  96.  Every  death  shall  be  recorded  by  the  attend- 
ing physician  within  one  week  with  the  county  or  depart- 


The   Anarchist    Constitution.  47 

merit  clerk  showing,  as  far  as  possible,  the  name,  day  of 
birth,  location  of  birth,  name  at  birth,  and  time,  location 
and  cause  of  death.  If  no  physician  was  in  attendance  at 
the  time  of  death  a  physician  must  be  called  upon  to  view 
the  corpse  as  early  as  possible,  if  for  no  other  purpose  than 
to  attend  to  the  record  of  death.  In  the  case  of  inability, 
or  neglect,  of  the  attending  physician  to  so  record  a  death 
it  shall  be  the  duty  of  any  person  having  knowledge  there- 
of to  see  that  the  same  is  duly  recorded  by  himself  or  some 
one  else. 

Sec.  97.  It  shall  be  the  duty  of  the  county  or  depart- 
ment clerk  with  whom  a  death  is  recorded,  when  it  appears 
that  the  birth  of  the  deceased  was  recorded  in  another 
county,  to  notify  the  county  clerk  of  the  county  in  which 
such  birth  was  recorded  and  the  clerk  of  the  county  in 
which  such  birth  was  recorded  shall  add  the  death  record 
to  the  birth  record  of  the  deceased.  And  when  the  death 
is  recorded  in  the  same  county  in  which  the  birth  of  the 
deceased  was  recorded  the  death  record  shall  be  added  to 
the  birth  record  by  the  county  or  department  clerk. 

Sec.  98.  Upon  the  death  of  any  person  leaving  a  sur- 
viving wife  or  husband  with  whom  the  deceased  was  living 
at  the  time  of  death,  or  with  whom  the  deceased  was  in- 
tending to  live  again,  all  the  property  not  derived  from  a 
former  husband  or  wife  of  such  deceased  person  shall  im- 
mediately become  the  property  of  the  surviving  wife  or 
husband;  out  of  which,  if  ample  therefor,  the  minor  chil- 
dren of  the  deceased  shall  be  provided  for.  And  in  any 
action  against  the  survivor  for  the  debts  of  the  deceased 
it  shall  rest  with  the  jury  to  determine  whether  such  in- 
debtedness of  the  deceased  should  justly  be  assumed  by 
the  survivor. 

Sec.  99.  Upon  the  death  of  any  person  not  leaving 
any  surviving  wife  or  husband,  as  in  the  preceding  section, 
the  County  Clerk  shall  see  that  the  entire  estate  goes  to 
the  county  treasury,  and  into  only  one  fund  thereof,  which 
fund  shall  be  known  as  the  Orphans'  Trust  Fund.     And 


48  The   Anarchist    Constitution. 

the  records  must  show  how  much  has  been  derived  from 
such  estate  for  said  fund.  If  the  deceased  left  any  minor 
children  surviving,  the  amount  of  his  estate  shall  first  be 
applied  to  allowing  each  one  of  them,  as  long  as  it  shall 
be  adequate  therefor,  one-half  of  the  average  earnings  of 
jurors  of  the  state,  monthly;  provided  that  said  monthly 
allowance  to  each  such  orphan  shall  cease  when  the  orphan 
reaches  the  age  of  twenty-one  years;  or  upon  death,  if 
death  occurs  before  that  time. 

Sec.  100.  After  such  monthly  payments  have  ceased, 
or  been  provided  for,  the  residue  of  the  estate;  or,  in  case 
there  be  no  such  surviving  children  of  the  deceased, 
then  the  whole  of  the  estate  shall  be  paid  into 
the  General  Orphans'  Fund,  which  fund  shall  be  dis- 
tributed equally  in  monthly  payments  to  all  orphans  re- 
corded in  the  county  whose  residence  has  been  within  the 
county  any  time  during  the  preceding  month,  and  whose 
age  is  less  than  eighteen  years,  with  the  proviso  that  no 
orphan  shall  receive  such  monthly  payments  from  two  or 
more  counties  at  the  same  time.  And  such  monthly  pay- 
ments shall  be  as  great  as  may  be  necessary  to  prevent  any 
surplus  in  the  General  Orphans'  Fund  greater  than  the 
total  income  thereinto  during  the  three  months  last  past. 
But  no  payment  shall  be  made  out  of  the  General  Or- 
phans' Fund  to  any  orphan  receiving  half  Juror's  pay  from 
the  Orphans'  Trust  Fund,  unless  the  one  be  relinquished 
in  favor  of  the  other. 

Upon  the  death  of  a  person  leaving  an  estate  not  pro- 
vided for  by  this  or  the  two  preceding  sections,  the 
entire  estate  shall  go  to  the  General  Orphans'  Fund. 

Sec.  101.  In  all  cases  where  fixed  improvements  ap- 
purtenant to  land  are  part,  or  the  whole,  of  an  estate 
which,  according  to  the  provisions  of  this  constitution, 
should  go  into  either  the  Orphans'  Trust  Fund  or  the 
General  Orphans'  Fund,  such  property  shall  not  be  used 
for  the  benefit  of  orphans,  but  shall  become  and  remain 
the  general  property  of  the  community  to  which  the  corre- 


The   Anarchist    Constitution.  49 

sponding  land  belongs  and  included  in  the  lease  of  such 
land^  the  same  as  land;  the  other  provisions  of  this  consti- 
tution to  the  contrary  notwithstanding. 

All  such  property  shall  be  fully  described  and  set  forth 
in  the  public  records  of  the  county,  city  or  town  in  which 
it  is  located,  which  records  shall  be  open  to  inspection  by 
the  public. 

Sec.  102.  Every  city  and  every  town  shall  employ  one 
or  more  physicians,  and  as  many  as  may  be  necessary  to 
carry  out  the  provisions  of  this  section.  Wlienever  any 
person  therein  is  in  need  of  medical  service  to  such  extent 
as  to  be  confined  to  the  house  and  sends  to  the  town  or 
city  authorities  for  a  physician  or  surgeon,  such  physician 
or  surgeon  shall  be  sent  to  attend  to  the  case,  and  continue 
to  attend  to  the  case  until  such  attention  is  no  longer  re- 
quired, and  as  far  as  may  be,  the  preferences  of  people 
calling  for  such  medical  attention  shall  be  duly  consid- 
ered.    Such  attention  shall  be  free. 

Sec.  103.  Every  city  and  every  town  shall  maintain 
at  least  one  medical  office,  which  shall  be  kept  always 
open,  and  in  each  such  office,  or  at  least  in  one  such  office 
in  every  city  and  town,  there  shall  always  be  at  least  one 
physician  present,  and  any  person  applying  there  for  medi- 
cal service  shall  be  given  it.  All  such  service  shall  be 
free. 

Sec.  104.  Every  city  and  every  tow^n  shall  supply  all 
drugs  and  medicines  prescribed  for  by  physicians  without 
charge. 

Sec.  105.  Every  city  of  more  than  ten  thousand  in- 
habitants shall  maintain  at  least  one  hospital,  where  the 
attention  to  all  inmates  shall  be  the  best  that  is  possible, 
which  shall  be  open  to  all  who  apply  for  admission  thereto, 
and  in  which  all  medical  and  surgical  attention,  board, 
lodgings,  drugs  and  medicines  (which  are  prescribed  by 
attending  physicians  therein)   shall  be  free. 

Sec.  106.  Every  State  Legislature  shall  prescribe  the 
qualifications  necessary  to  constitute  a  physician,  surgeon 


50  The    Anarchist    Constitution. 

or  dentist  within  the  state^  and  for  this  purpose^  may  call 
for^  and  require,  of  any  person  or  persons  within  the  state 
such  information  or  advice  as  it  desires. 

Sec.  107.  No  person  who  is  not  a  physician,  surgeon 
or  dentist  shall  j^ractice  such  profession  for  pay. 

Sec.  108.  No  restrictions  shall  ever  he  placed  upon  any 
religious  helief,  or  the  teaching  thereof,  provided  that  no 
person  shall  teach  any  religion,  or  religious  belief,  for  pay. 
or  other  gain  in  lieu  thereof,  and  provided  that  this  sec- 
tion shall  not  authorize  the  teachings  to  minors  by  others 
than  parents  of  such  beliefs  that  the  teaching  thereof  is 
clearly  a  material  infringement  upon  the  rights  of  man. 

Sec.  109.  Each  state  shall  pay  to  each  child  within  the 
state  under  the  age  of  five  3^ears,  monthly,  one-tenth  jury 
pay,  and  to  each  child  between  the  ages  of  five  and  fifteen 
years,  two-tenths  jury  pay.  These  payments  shall  be 
made  to  the  mothers  when  they  have  the  custody  of  such 
children.  \A^ien  the  mothers  have  not  the  custody  of  such 
children,  the  payments  shall  be  made  to  the  fathers  when 
they  have  the  custody  of  such  children.  When  the  children 
are  in  the  custody  of  both  parents,  these  payments  shall 
be  made  to  the  mothers.  And,  when  such  children  are  not 
in  the  custody  of  both  parents  or  of  either  parent,  such 
payments  shall  be  made  to  the  guardians  of  such  children. 

The  legislature  of  each  state  shall  provide  for  the  ap- 
pointments of  guardians  of  children  not  in  the  custody 
of  either  or  both  parents,  and  of  children  both  of  whose 
parents,  or  whose  only  parent,  may  be  insane  or  confined 
by  decree  of  court.  In  all  of  which  cases  the  guardian- 
ship shall  cease  when  the  reason  therefor  ceases.  The 
legislature  shall  also  provide  for  the  qualifications,  duties 
and  responsibilities  of  guardians. 

The  payments  provided  in  tliis  section  shall  not  inter- 
fere with  the  payments  from  the  Orplians'  Trust  Fund  or 
the  General  Orphans'  Fund. 

Sec.  110.     Each  state  shall  pay  to  each  feiualo  person 


The   Anarchist    Constitution.  51 

past  the  age  of  fifteen  years  residing  in  the  state  three- 
tenths  jury  pay,  monthly. 

Sec.  111.  Each  state  shall  pay  to  each  male  person  re- 
siding in  the  state  who,  through  old  age  or  physical  inabil- 
ity of  any  kind,  is  incapable  of  earning  a  comfortable  liv- 
ing, so  declared  by  the  governing  body  of  his  home  town 
or  city,  or  such  other  board  of  inquiry  as  the  legislature 
may  provide,  three-tenths  jury  pay. 

Sec.  112.  No  money  shall  be  paid  out  in  pursuance  of 
Sec.  109,  110  or  111  except  to  persons  properly  recorded 
with  the  county  clerk  as  entitled  to  such  pay. 

Sec.  113.  The  United  States  shall  carry  on  a  trust  and 
bonding  business  in  which  to  bond  public  officials  through- 
out the  United  States  (town,  city,  county,  state  and  na- 
tional) at  such  rates  as  may  be  found  necessary,  and  any 
official  elected  by  the  people  or  appointed  by  any  of  those 
elected  by  the  people  shall  be  bonded  therein  at  the  pre- 
vailing rates  without  further  recommendation. 

Sec.  114.  Corporations  shall  be  illegal  throughout  the 
United  States. 

Sec.  115.  No  franchise  shall  be  granted  by  the  United 
States  or  any  state,  county,  city  or  town.  Nor  shall  any 
franchise  granted  be  valid  after  the  adoption  of  this  con- 
stitution. 

Sec.  116.  No  person  shall  be  a  party  to  any  contract 
or  agreement  of  any  kind  whereby  any  money,  or  other 
form  of  benefit,  is  stipulated,  agreed  upon,  or  understood 
to  be  forthcoming,  upon  the  death,  sickness,  accident,  dis- 
ability, old  age,  or  any  other  form  of  physical  misfortune 
of  the  person. 

Sec.  117.  All  usual  and  necessary  funeral  expenses  of 
persons  dying  in,  or  buried  from,  any  town  or  city  shall 
be  borne  by  such  town  or  city.  And  such  expenses  of  all 
other  burials  shall  be  borne  by  the  state. 

Sec.  118.  It  is  hereby  declared  by  the  people  of  the 
United  States  that  no  person  can  have  a  just  title  to  owner- 
ship of  land,  or  of  any  of  the  natural  elements,  nor  to 


52  The   Anarchist    Constitution. 

human  beings  as  slaves;  and  that  the  title  of  the  commu- 
nity as  a  whole  to  the  land  on  which  we  live  is  inalienable. 

The  land  within  the  territorial  limits  of  each  town  or 
city  belongs  to  such  town  or  city. 

All  other  land  within  any  state  belongs  to  such  state. 

All  other  land  within  the  territory  of  the  United  States 
belongs  to  the  United  States. 

In  no  case  can  any  of  it  be  aliened  or  conveyed,  but  this 
shall  not  be  construed  as  to  prevent  a  town  or  city  from  ex- 
tending its  territorial  limits. 

Every  town,  city,  state,  and  the  United  States,  may  lease 
its  land,  for  a  period  not  to  exceed  two  years,  in  any  case, 
and  may  give  the  last  tenant,  or  his  heirs  or  assigns,  a 
10  per  cent  preferential,  or  less,  over  all  others. 

Sec.  119.  No  tax  shall  ever  be  levied  by  any  town,  city, 
county,  state  or  the  United  States,  on  any  wealth  or  prop- 
erty. 

Duties  on  imports  or  exports  are,  therefore,  prohibited. 

Sec.  120.  No  tax  of  any  kind  shall  ever  be  levied  on 
any  business  that  the  people  may  engage  in,  nor  such  busi- 
ness prohibited.  But  this  shall  not  prohibit  filing  a  com- 
plaint against  a  person  for  engaging  in  a  business  or  traf- 
fic which  is  clearly  an  infringement  of  the  rights  of  jnan. 

Sec.  121.  In  case  any  town,  city,  state,  or  the  United 
States,  should  not  otherAvise  have  sufficient  revenue  with 
which  to  meet  the  expenses  involved  in  the  execution  of 
the  provisions  of  this  constitution,  a  tax  sufficient  there- 
for may  be  levied  upon  its  leases  of  land,  which  must  be 
a  uniform  jDerccntage  added  to  all  payments  on  all  leases 
alike;  provided  that  the  United  States  shall  not  levy  such 
a  tax  which  shall  be  of  a  greater  percentage  than  is  levied 
in  like  manner  by  some  one  of  the  states.  And  if  the 
United  States  should  then  not  have  a  sufficient  revenue,  it 
may  levy  a  tax  on  each  state  in  proportion  to  its  popula- 
tion; but  not  otherwise. 

Sec  122.  The  Congress  shall  be  a  perpetual  body,  and 
always  in  session,  excejjt  Sundays  and  holidays.     Either 


The   Anarchist    Constitution".  53 

house  may,  however,  adjourn  for  a  period  not  to  exceed 
three  days  at  any  one  time,  provided  that  the  other  house 
shall  not  be  adjourned  at  the  same  time. 

Sec.  123.  A  quorum  in  any  legislative  body  shall  consist 
of  a  majority  of  the  members  thereof,  but  a  less  number 
may  adjourn  from  day  to  day. 

Sec.  124.  Either  house  of  Congress  may  grant  a  vaca- 
tion for  a  specified  time  to  any  member  thereof,  and  both 
houses  together  may  grant  a  vacation  to  the  President  when 
the  welfare  of  the  country  will  permit,  or  necessity  may 
require. 

But  neither  house  shall  grant  vacations  so  as  not  to  be 
able  to  have  a  quorum  for  the  transaction  of  business. 

Sec.  125.  The  Vice-President  shall  be  President  of  the 
Senate,  and  the  Senate  shall  elect  its  other  officers,  and 
when  the  Vice-President  becomes  President,  its  President 
also.  The  President  of  the  Senate  shall  be  the  Vice-Presi- 
dent of  the  United  States. 

Sec.  126.  The  House  of  Representatives  shall  elect  all 
its  own  officers. 

Sec.  127.  Either  house  of  Congress  may  compel  the  at- 
tendance of  its  own  members  and  require  them  to  vote. 

Sec.  128.  Whenever  a  vacancy  occurs  in  the  Senate  it 
shall  be  filled  by  a  representative  to  be  chosen  by  election 
in  the  House  of  Representatives,  and  the  number  of  repre- 
sentatives shall  be  diminished  to  that  extent,  but  this  shall 
not  prolong  or  diminish  the  term  of  office  of  said  represen- 
tative. Nor  shall  any  state  have  more  than  three  represen- 
tatives in  the  Senate  at  one  time,  nor  more  than  two  when 
there  is  any  state  without  one  representative  in  the  Senate. 

Sec.  129.  Congress  shall  cause  to  be  taken  a  complete 
and  thorough  census  of  the  entire  country  in  the  year 
1910,  and  every  ten  years  thereafter. 

Sec.  130.  Congress  shall  have  power  at  any  time  with- 
in two  years  after  the  taking  of  any  census  to  determine 
how  many  representatives  each  state  shall  be  entitled  to, 
in  proportion  to  its  population,  provided  that  the  number 


54  The   Anarchist    Constitution. 

of  Congressmen  shall  never  be  greater  than  at  the  time 
of  the  adoption  of  this  constitution  nor  less  than  two-thirds 
of  such  number  and  any  diminution  in  the  size  of  Congress 
shall  be  wholly  in  the  Senate  until^  and  not  after,  the  Sen- 
ate is  composed  of  as  many  senators  as  there  are  states. 

Sec.  131.  Each  state  legislature  shall  thereupon  divide 
its  state  into  congressional  districts,  in  accordance  there- 
with, but  no  county  shall  be  partly  in  one  district  and 
partly  in  another  with  parts,  or  the  whole,  of  two  or  more 
counties  in  the  same  district,  and  each  county  in  a  district 
shall  be  adjoining  some  other  county  in  the  same  district 
where  there  are  two  or  more  counties  in  the  same  district. 

Sec.  132.  Each  state  may  adopt  a  constitution  of  its 
own  not  in  conflict  with  any  of  the  provisions  of  this  consti- 
tution. 

Sec.  133.  In  every  legislative  or  governing  body  con- 
sisting of  two  branches  each  branch  shall  concur  with  the 
other  by  a  majority  vote  to  constitute  action  of  the  body. 
In  such  bodies  not  consisting  of  two  branches  a  majority 
vote  shall  constitute  action  of  the  body. 
-  Each  such  body  may  adopt  its  own  parliamentary  rules 
provided  that  such  rules  of  each  legislature  are  in  harmony 
with  those  of  Congress,  and  that  such  rules  of  such  bodies 
within  a  state  are  in  harmony  with  such  rules  of  the  legis- 
lature of  the  same  state. 

In  case  of  appointments  by  such  bodies  they  shall  not  re- 
quire the  approval  of  any  person  not  a  member  of  such 
body  to  be  effective. 

Sec.  134.  Congress  may  legislate  in  harmony  with  this 
constitution  only. 

Sec.  135.  A  bill  may  be  introduced  in  either  house  of 
Congress  by  a  member  thereof.  If  it  receives  the  affirma- 
tive vote  of  a  majority  of  those  present  and  voting,  with  a 
quorum  voting,  it  shall  go  to  the  other  house  of  Congress 
and  be  considered  with  all  due  promptness.  If  it  there  re- 
ceive the  affirmative  vote  of  a  majority  of  those  present 
and  voting,  with  a  quorum  voting,  it  shall  go  to  the  Presi- 


The   Anarchist    Constitution.  ,55 

dent  for  his  approval  or  disapproval,  which  the  President 
must  endorse  on  the  bill  within  ten  days.  If  the  President 
approve  the  bill  it  shall  then  be  law.  If  he  disapproves  it. 
he  shall  return  it  to  the  house  in  which  it  originated  with 
his  recommendations.  If  the  bill  be  there  voted  on  again, 
without  change  therein,  and  receive  the  affirmative  votes 
of  two-thirds  of  the  members  present  and  voting,  with  a 
quorum  voting,  it  shall  go  to  the  other  house  of  Congress 
and  be  considered  with  all  due  promptness.  If  it  there 
receive  the  affirmative  votes  of  two-thirds  of  the  members 
present  and  voting,  with  a  quorum  voting,  it  shall  be  law. 
If  a  bill  be  amended  after  receiving  the  disapproval  of 
the  President  it  shall  be  treated  as  a  new  bill. 

If  a  bill  be  amended  after  going  from  one  house  to  the 
other,  it  shall  receive  the  concurrence  of  both  houses  in  the 
amendments  before  going  to  the  President. 

Sec.  136.  Any  legislation  not  in  harmony  with  this 
constitution,  by  whatsoever  authority,  anywhere  within  the 
United  States,  shall  be  absolutely  void,  any  provisions  here- 
in to  the  contrary  notwithstanding. 

Sec.  137.  When  a  vacancy  in  any  office  is  filled  it  shall 
be  for  the  remainder  of  the  unexpired  term  only. 

Sec.  138.  The  qualifications  of  voters  throughout  the 
United  States  shall  remain  for  two  years  as  at  the  time  of 
the  adoption  of  this  constitution  ^•nth  the  proviso  that  all 
voters  registering  after  the  adoption  of  this  constitution 
shall  be  required  to  certify  that  they  have  read  and  fully 
understand  this  constitution  in  order  to  be  eligible  as 
voters. 

The  legislature  of  each  state  may  provide  for  the  qualifi- 
cations to  be  required  of  voters  therein,  not  to  take  effect 
until  two  years  after  the  adoption  of  this  constitution;  but 
the  same  must  be  uniform  for  all  elections. 

Sec.  139.  National  elections  shall  be  held  the  first 
Tuesday  of  November,  every  fourth  year,  beginning  the 
year  before  that  in  which  the  current  term  of  office  of  the 
President  expires. 


56  The   Anarchist    Constitution. 

Sec.  140.  The  President's  term  of  office  shall  be  four 
years,  beginning  and  ending  at  noon  on  the  fourth  day 
of  March. 

Sec.  141.  The  term  of  office  of  a  representative  shall 
be  six  years,  beginning  and  ending  at  noon  on  the  fourth 
day  of  March;  provided,  that  within  six  months  after  the 
adoption  of  this  constitution  all  the  representatives  shall 
be  divided  by  lot  into  three  classes.  The  term  of  office  of 
the  first  class  shall  be  two  years,  the  term  of  office  of  the 
second  class  shall  be  four  years,  and  the  term  of  office  of  the 
third  class  shall  be  six  years. 

Sec.  142.  State  elections  shall  be  held  every  two  years 
on  the  first  Tuesday  of  November,  every  alternate  state 
election  being  in  the  same  year  as  a  national  election,  for 
Governor  and  legislators. 

Sec.  143.  The  term  of  office  of  Governor  shall  be  two 
years,  but  the  term  of  office  of  a  legislator  shall  be  six 
years;  provided,  that  within  three  months  after  the  adop- 
tion of  this  constitution  the  most  numerous  branch  of  each 
state  legislature  shall  divide  its  members  by  lot  into  three 
classes;  the  term  of  office  of  the  first  class  shall  be  two 
years,  the  term  of  office  of  the  second  class  shall  be  four 
years,  and  the  term  of  office  of  the  third  class  shall  be  six 
years.  And  this  section  shall  be  carried  into  effect  not- 
withstanding it  may  interfere  with  some  legislators  serving 
out  the  term  for  which  they  were  elected. 

Sec.  144.  Whenever  a  vacancy  occurs  in  the  least  nu- 
merous branch  of  the  state  legislature  it  shall  be  filled  by 
a  legislator  of  the  most  num.erous  branch  of  the  legislature, 
to  be  chosen  by  election  in  the  most  numerous  branch  of 
the  legislature,  and  the  number  of  legislators  of  the  most 
numerous  branch  shall  be  diminished  to  that  extent,  but 
this  shall  not  increase  or  diminish  the  term  of  office  of 
said  legislator.  But  a  vacancy  in  the  least  numerous 
brancli  shall  never  be  filled  if,  by  so  doing,  the  number  of 
memljcrs  in  the  least  numerous  branch  Avould  be  more  tlum 
half  the  number  of  members  in  the  most  numerous  branch. 


The   Anakchist    Constitution".  57 

Sec.  145.  Eepresentatives  in  Congress  shall  be  elected 
at  state  elections. 

In  event  of  vacancy  in  the  office  of  a  representative  in 
Congress  it  shall  be  filled  by  appointment  by  the  legislature 
until  noon  of  the  fourth  day  of  March  next  after  the  next 
state  election.  But  at  the  next  state  election  after  such 
vacancy  occurring,  if  it  occurs  before  the  ballots  for  the 
next  state  election  are  printed  (which  ballots  must  not 
be  printed  more  than  a  reasonable  time  before  such  state 
election),  a  representative  shall  be  elected  to  fill  the  office 
for  the  remainder  of  the  unexpired  term;  beginning  on 
the  fourth  day  of  March  following  as  aforesaid. 

Sec.  146.  The  legislature  of  each  state  shall  be  a  per- 
petual body,  and  always  in  session  with  the  exception  of 
Sundays  and  holidays. 

Sec.  147.  Each  branch  of  the  legislature  may  grant 
vacations  to  its  own  members  provided  there  shall  always 
be  a  quorum  in  attendance  for  the  transaction  of  busi- 
ness. 

Sec.  148.  In  any  election  for  any  office  the  person  re- 
ceiving the  highest  number  of  votes  for  such  office  shall  be 
elected.  And  in  case  two  or  more  receive  an  equal  number 
of  votes  it  shall  be  determined  by  lot  which  one  shall  serve. 

Sec.  149.  Each  town  and  city  shall  have  a  mayor  whose 
term  of  office  shall  be  two  years.  And  this  rule  shall  apply 
even  though  it  interfere  with  some  serving  out  the  term 
for  which  they  were  elected. 

Sec.  150.  Each  town  and  city  shall  hold  a  city  election 
every  two  years  on  the  first  Tuesday  of  November,  which 
shall  not  be  the  years  in  which  state  elections  are  held. 

Sec.  151.  Each  town  and  city  may  adopt  a  constitution 
of  its  own  not  in  conflict  with  any  of  the  provisions  of  this 
constitution,  or  of  the  constitution  of  the  state  in  which 
it  is. 

Sec.  152.  Each  town  and  city  may  provide  in  its  con- 
stitution for  the  election  of  all  such  officers  as  serve  only 


58  The   Anarchist    Constitution. 

in  such  town  or  city  who  would  otherwise  be  selected  in  a 
different  manner. 

Sec.  153.  The  President  shall  be  entitled  to  a  cabinet, 
the  same  as  he  was  entitled  to  at  the  time  of  the  adoption 
of  this  constitution. 

Sec.  154.  Each  Governor  shall  be  entitled  to  the  ser- 
vices of  an  Attorney-General  the  same  as  he  was  at  the 
time  of  the  adoption  of  this  constitution,  as  adviser.  But 
the  legislature  may  determine  the  compensation  to  be 
paid  him. 

Sec.  155.  Each  legislative  or  governing  body,  and  each 
branch  thereof  when  such  body  is  composed  of  more  than 
one  branch,  shall  keep  a  journal  of  its  proceedings,  and 
from  time  to  time  publish  the  same,  or  such  part  thereof, 
as  is  ordered  published  by  a  one-third  vote.  And  the  yeas 
and  nays  of  the  members  of  such  body,  or  such  branch 
therof,  on  any  question  shall,  at  the  desire  of  one-fifth  of 
those  present,  being  more  than  fifteen  present,  or  at  the 
desire  of  one-third,  being  fifteen  or  less  present,  be  entered 
on  the  journal. 

Sec.  156.  No  member  of  any  legislative  body  shall,  for 
any  speech  or  debate  therein,  be  questioned  in  any  other 
place. 

Sec.  157.  No  person  shall  hold  any  two  or  more  offices 
at  the  same  time,  except  as  otherwise  herein  provided. 

Sec.  158.  Congress  shall  have  power  to  legislate  in  re- 
gard to  the  naturalization  of  aliens,  which  legislation  shall 
be  uniform  in  its  effect  throughout  the  United  States. 

Sec.  159.  Congress  shall  have  power  to  coin  money,  and 
regulate  the  value  thereof,  exclusively,  and  fix  the  standard 
of  weights  and  measures. 

Skc.  160.  Congress  shall  have  poAver  to  provide  for  and 
maintain  an  efficient  secret  service. 

Sec.  161.  Congress  sliall  have  power  to  dochirc  war  and 
regulate  the  conduct  thereof.  But  one-tliird  of  tlie  House 
of  Bopresontatives  may  order  an  immediate  election  by  the 
people  to  determine  whether  or  not  such  war  is  justifiable. 


The   Anarchist    Constitution.  59 

And  a  majority  of  the  votes  cast  at  such  election  shall  bo 
sufficient,  but  not  necessar}^,  to  prohibit  or  stop  such  war. 

Sec.  162.  Congress  shall  have  power  to  exercise  exclu- 
sive legislation,  not  in  conflict  with  this  constitution,  in  all 
cases  whatsoever,  over  the  District  of  Columbia,  which  shall 
be  the  seat  of  the  federal  government,  and  to  exercise  like 
authority  over  all  places  acquired  by  the  consent  of  the  leg- 
islature of  the  state  in  which  the  same  shall  be,  for  the 
erection  of  forts,  magazines,  arsenals,  dock-yards,  and  other 
needful  buildings ;  and 

To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  constitution  in  the  government  of  the 
United  States,  or  in  any  deparunent  or  officer  thereof. 

Sec.  163.  No  preference  shall  be  given  by  any  regula- 
tion of  commerce  to  the  ports  of  one  state  over  those  of  an- 
other; nor  shall  vessels  bound  to,  or  from,  one- state  be 
obliged  to  enter  or  clear  in  another. 

Sec.  161.  Xo  money  shall  be  drawn  from  any  public 
treasury,  but  in  consequence  of  appropriations  made  in  a 
proper  and  public  manner;  and  regular  statements  of  ac- 
counts of  receipts  and  disbursements  of  every  public  treas- 
ury shall  be  published  from  time  to  time. 

Sec.  165.  Xo  person  shall  without  the  consent  of  Con- 
gress, or  the  legislature  of  his  home  state,  accept  of  any 
present  ,  emolument,  office,  title,  or  anything  in  lieu  there- 
of, from  any  king,  prince,  or  foreign  state,  or  from  any 
town,  city,  county,  state,  or  the  United  States,  except  as 
herein  provided  for. 

Sec.  166.  x^o  state,  county,  city  or  town  shall  enter  into 
any  treaty,  alliance  or  confederation,  or  adopt  any  constitu- 
tion or  laws  in  conflict  with  any  national  legislation  which 
is  not  in  conflict  with  any  of  the  provisions  of  this  con- 
stitution. 

Sec.  167.  The  President  shall  be  Commander-in-Chief 
of  the  army  and  navy  of  the  United  States,  and  of  the 


60  The   An-archist    Constitution. 

militia  of  the  several  states  when  called  into  actual  ser- 
vice of  the  United  States. 

Sec.  168.  The  Governor  of  each  state  shall  be  Com- 
mander-in-Chief of  the  militia  of  his  state  when  not  called 
into  the  actual  service  of  the  United  States. 

Sec.  169.  The  President  may  dismiss  any  of  his  cabi- 
net, except  the  Postmaster- General,  who  shall  be  under  the 
direction  and  supervision  of  Congress,  at  will  and  appoint 
a  successor.  But  such  cabinet  officers,  other  than  the  Post- 
master-General, shall  only  be  advisers  to  the  President. 

Sec.  170.  The  President  shall  have  power,  by  and  with 
the  advice  and  consent  of  the  Senate,  to  make  treaties,  pro- 
vided two-thirds  of  the  Senate  present  concur ;  and  he  shall 
nominate,  and  by  and  wit^^  "^he  advice  and  consent  of  the 
Senate  shall  appoint,  ambassadors,  other  public  ministers 
and  consuls  and  all  other  officers  not  otherwise  provided 
for ;  but  the  Congress  may  by  law  vest  the  appointment  of 
such  inferior  officers  as  it  has  provided  offices  for  in  the 
President  alone,  where  the  pay  of  such  officers  is  not  more 
than  double  jury  pay. 

Sec.  171.  The  President  shall  from  time  to  time,  at 
least  once  a  year,  give  to  Congress,  in  a  public  message,  in- 
formation of  the  state  of  the  country,  and  recommend  for 
consideration  such  measures  as  he  shall  judge  necessary  and 
expedient. 

Sec.  172.  Each  state  shall  establish  a  supreme  court 
in  which  there  shall,  during  the  first  two  years  after  the 
adoption  of  this  constitution,  be  at  least  three  persons  who 
have  served  at  least  one  year  as  judge  prior  to  the  adoption 
of  this  constitution,  and  in  which  there  shall,  after  the  ex- 
piration of  such  two  years,  be  at  least  three  persons  or  as 
many  as  possible  who  have  served  at  least  one  year  as  ad- 
viser without  a  vote  of  censure  from  any  jury. 

Such  supreme  court  shall  not  consist  of  more  than  thir- 
teen persons,  and  only  persons  with  the  qualifications  be- 
fore mentioned  shall  be  eligible  thereto. 

Such  supreme  court  shall  determine  the  constitutional- 


The   Anarchist    Constitution".  61 

ity,  as  soon  as  possible^  of  all  decisions  which  may  be  ap- 
pealed to  it  within  the  state,  and  such  supreme  court  shall 
be  always  in  session  except  on  Sundays  and  holidays. 

Sec.  173.  Congress  shall  establish  a  United  States  Su- 
preme Court  in  which  there  shall,  during  the  first  two  years 
after  the  adoption  of  this  constitution,  be  at  least  three  per- 
sons who  have  served  at  least  five  years  as  a  federal  court 
judge  or  justice  of  the  United  States  Supreme  Court,  and 
in  which  there  shall,  after  the  expiration  of  said  two  years^ 
be  at  least  three  persons,  no  two  of  whom  shall  be  from  the 
same  state,  who  have  served  at  least  one  year  as  adviser 
without  a  vote  of  censure  from  any  jury. 

Such  United  States  supreme  court  shall  not  consist  of 
more  than  thirteen  persons  and  only  persons  with  the  qual- 
ifications before  mentioned  shall  be  eligible  thereto. 

Such  United  States  Supreme  Court  shall  be  always  in 
session,  except  Sundays  and  holidays,  and,  in  addition  to 
other  duties  prescribed  by  Congress,  it  shall  be  the  duty  of 
said  court  to  determine  as  soon  as  possible  the  constitu- 
tionality of  decisions  of  state  supreme  courts  which  may  be 
appealed  to  it. 

Sec.  174.  Full  faith  and  credit  shall  be  given  in  each 
state  to  the  public  acts,  records  and  judicial  proceedings  of 
every  other  state.  And  the  Congress  may  by  law  prescribe 
the  manner  in  which  such  acts,  records  and  proceedings 
shall  be  proved. 

Sec.  175.  The  citizens  of  each  state  shall  be  entitled  to 
all  privileges  and  immunities  of  citizens  in  the  several 
states. 

Sec.  176.  New  states  may  be  admitted  by  the  Congress 
into  this  union;  but  no  new  states  shall  be  formed  or 
erected  within  the  jurisdiction  of  any  other  state,  nor  any 
state  be  formed  by  the  junction  of  two  or  more  states 
without  the  consent  of  all  states  concerned. 

No  new  territory  shall  be  acquired  by  the  United  States 
without  the  consent  of  the  people  of  such  territory,  and  no 


62  The   Anarchist    Constitution". 

argument  or  consideration  whatever  shall  suffice  to  justify 
any  evasion  of  this  provision  of  the  constitution. 

Sec.  177.  The  United  States  shall  guarantee  to  every 
state  in  this  union  the  protection  of  this  constitution,  and 
shall  protect  each  of  them  against  invasion,  and  in  case 
such  protection  he  absolutely  needed,  against  domestic  vio- 
lence. 

Sec.  178.  All  debts  and  obligations  contracted  before 
the  adoption  of  this  constitution  shall  be  as  valid  as  if  they 
had  been  contracted  after  its  adoption.  But  Congress  may 
enact  a  bankruptcy  law  whereby  to  absolve  insolvent  debt- 
ors upon  applying  all  of  their  resources  thereto. 

Sec.  179.  Any  town,  city,  county,  state,  or  the  United 
States,  may  buy  the  stock,  or  any  part  thereof,  not  less  than 
half,  of  any  corporation  in  the  United  States,  existing  at 
the  time  of  the  adoption  of  this  constitution,  and  thereafter 
shall  own  whatever  belonged  to  such  corporation  at  the 
time  of  the  adoption  of  this  constitution.  No  corporation 
can  own  anything  after  the  adoption  of  this  constitution. 
But  any  town,  city,  county,  state,  or  the  United  States,  buy- 
ing one-half  or  more  of  the  stock  of  any  corporation  must 
hold  itself  in  readiness  to  buy  the  remainder  of  the  stock 
of  such  corporation  at  the  average  price  paid  for  such  as 
has  already  been  bought.  Common  stock  and  preferred 
stock  in  such  cases  shall  be  treated  alike.  And  in  buying 
such  stock,  an  effort  shall  be  made  to  allow  only  so  much  to 
be  paid  for  all  the  stock  in  the  aggregate  as  shall  not  ex- 
ceed the  amount  of  actual  cash  investment  represented  by 
such  stock.  But  in  buying  corporation  stock,  bonds  may 
be  given  in  payment.  'No  other  bonds  issued  after  the 
adoption  of  this  constitution  shall  ever  be  legal  in  the 
United  States. 

Sec.  180.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  holder  there- 
of, nor  in  time  of  war,  but  in  a  manner  to  be  prescribed 
by  law. 

Sec.  181.     The  right  of  the  people  to  be  secure  in  their 


The   Anarchist    Constitution.  63 

persons,  houses,  papers  and  effects  against  "unreasonable 
searches  and  seizures  shall  not  be  violated. 

Sec.  182.  Private  property  shall  not  be  taken  for  pub- 
lic use  without  just  compensation.  And  thus  only  in  cases 
of  great  urgency. 

Sec.  183.  Both  plaintiffs  and  defendants  shall  have 
compulsory  process  for  obtaining  witnesses  subject  to  the 
regulations  and  restrictions  of  the  legislature  as  to  those 
within  the  state  and  of  the  Congress  as  to  those  out  of  the 
state. 

Sec.  184.  Each  town  and  city  may,  notwithstanding 
the  other  provisions  of  this  constitution,  provide  for  and 
maintain  petit  courts,  amenable  only  to  the  governing 
body  of  such  town  or  city,  and  from  which  appeals  can 
only  be  taken  thereto,  with  jurisdiction  only  over  such 
civil  controversies  as  do  not  exceed  the  amount  of  two 
months'  jury  pay. 

Sec.  185.  Excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  excessive  punishment  of  any 
kind  inflicted. 

Sec.  186.  'No  legislation  of  any  town,  city,  county, 
state,  or  the  United  States,  shall  ever  be  valid  until  one 
week  after  it  has  been  published  in  full  in  one  or  more  reg- 
ularly published  newspapers  within  its  respective  jurisdic- 
tion. 

Sec.  187.  The  enumeration  in  this  constitution  of  cer- 
tain rights  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people. 

Sec.  188.  The  powers  not  delegated  to  the  United 
States  by  the  constitution,  nor  prohibited  by  it  to  the 
states,  are  reserved  to  the  states  respectively  or  to  the 
people. 

Sec.  189.  Congress  shall  have  the  power  to  determine 
conditions  under  which,  and  means  by  which,  release  from 
all  marital  obligations  may  be  had  but  not  to  prohibit 
divorces  under  other  conditions  than  those  named. 


64  The   Anarchist   Constitution. 

Divorce  is  hereby  defined  to  be  a  termination  of  the  civil 
contract  which  constitutes  marriage. 

Sec.  190.  Each  state  legislature  shall  have  power  to 
determine  conditions  under  which  and  means  by  which, 
release  can  be  had  within  such  state  from  all  marital  obli- 
gations but  not  to  prohibit  divorces  under  other  conditions 
than  those  named. 

Sec.  191.  Each  city  and  town  may  determine  condi- 
tions under  which,  and  means  by  which,  release  can  be  had 
therein  from  all  marital  obligations  but  not  to  prohibit 
divorces  under  conditions  different  from  those  named. 

Sec.  192.  All  Sundays  shall  be  observed  as  holidays 
as  far  as  possible  throughout  the  United  States. 

Sec.  193.  The  first  day  of  each  year  and  the  fourth 
day  of  each  July  shall  be  holidays  throughout  the  United 
States. 

Sec.  194.  Congress  may  name  such  days  as  to  it  may 
seem  proper  as  holidays  to  be  observed  throughout  the 
United  States. 

Sec.  195.  Each  legislature  may  name  holidays  to  be 
observed  as  such  throughout  the  state. 

Sec.  196.  The  President  shall  have  absolute  power  to 
grant  such  pardons  as  to  him  may  seem  proper,  except 
in  cases  of  impeachment. 

Sec.  197.  The  governor  of  each  state  shall  have  abso- 
lute power  to  grant  such  pardons  within  his  state  as  to 
him  may  seem  proper,  except  in  cases  of  impeachment. 

Sec.  198.  The  House  of  Eepresentatives  shall  have 
the  sole  power  of  impeachment  of  the  President  or  any 
member  of  Congress  or  any  federal  officer  or  official.  But 
the  President  or  the  Senate  may  recommend  impeachment 
by  the  House  of  Eepresentatives. 

Sec.  199.  The  Senate  shall  have  the  sole  power  of  try- 
ing all  impeachments  by  the  House  of  Representatives  and 
two-thirds  of  all  the  senators  present  must  agree  upon  the 
verdict  and  sentence  to  sustain  such  impeachment. 

Sec.  200.     Where  any  legislative    or    governing    body 


The   Anarchist    Constitution.  65 

consists  of  two  branches,  the  lower  shall  have  the  sole  right 
of  impeachment  and  the  upper  the  sole  right  of  trying 
such  impeachment  and  where  it  consists  of  but  one  branch 
it  shall  have  the  sole  right  of  impeachment  and  the  trial 
thereof.  The  executive  officer  of  any  town,  city  or  state 
may  recommend  to  his  respective  legislative  or  governing 
body  that  it  take  action  in  impeachment  and,  where  such 
body  consists  of  two  branches,  the  upper  branch  may  also 
so  recommend  to  the  lower  branch  such  action.  In  re- 
gard to  distinctively  county  officers  not  paid  or  elected 
by  a  town  or  city,  impeachment  lies  with  the  state.  In 
all  cases  of  impeachment  it  shall  require  two-thirds  of 
the  triers  to  sustain  the  impeachment. 

Sec.  201.  Judgments  in  cases  of  impeachments  shall 
not  extend  further  than  to  removal  from  office  and  disa- 
bility to  hold  office  in  the  future. 

Sec.  202.  Any  person  may  have  any  one  he  desires  to 
represent  him  in  court  as  an  attorney  but  no  person  shall 
act  as  an  attorney  for  pay,  or  other  gain  in  lieu  thereof, 
except  such  as  have  qualified  therefor  in  accordance  with 
the  requirements  provided  for  by  the  state  legislature. 

Sec.  203.  Every  defendant  shall  be  entitled  to  the  ser- 
vices of  such  attorney  as  he  may  engage  at  the  expense  of 
the  town  or  city  in  which  his  case  is  tried  but  the  jury  be- 
fore which  his  case  is  tried  shall  determine  the  compensa- 
tion to  be  allowed  such  attorney,  which  shall  not  exceed  in 
any  event  four  times  jury  pay  for  each  day  such  attorney 
appears  in  court  on  said  case. 

Sec.  204.  No  proprietary  remedies  shall  ever  be  sold 
in  any  town  or  city  without  having  had  the  sanction  of 
the  governing  body  of  such  town  or  city  unless  it  has 
been  endorsed  by  the  state  or  the  United  States,  and  then 
only  for  such  purposes  so  sanctioned  or  endorsed. 

Sec.  205.  Without  special  permit  from  the  President 
only  persons  of  the  Caucasian  race  shall  be  admitted  into 
the  territory  of  the  United  States  provided  no  person  with- 
in the  United  States  at  the  time  of  the  adoption  of  this 


66  The   Anarchist    Constitution. 

constitution  shall  be  excluded.  But  every  mongolian  en- 
titled to  remain  in  the  country  shall,  within  the  period  of 
sixty  days  after  the  adoption  of  this  constitution,  cause 
himself  to  be  registered  by  the  county  clerk  of  the  county 
in  Avhich  he  lives  and  receive  a  certificate  of  such  registry. 
Such  registry,  and  certificate  thereof,  shall  include  the 
name,  age,  size,  weight  and  description  of  such  mongo- 
lian, as  well  as  his  place  of  residence,  and  the  number  and 
date  of  registration.  He  shall  cause  every  change  of  ad- 
dress to  be  recorded  with  the  county  clerk  and,  when  he  re- 
moves from  one  county  to  another,  such  registration  shall 
be  recorded,  together  with  the  number  and  date  of  the 
original  registration,  with  the  clerk  of  the  county  to  which 
he  removes. 

All  mongolians  in  the  United  States  not  so  registered 
after  sixty  days  from  the  adoption  of  this  constitution 
shall  be  deported  by  the  United  States  to  some  port  in 
China  or,  if  not  admitted  there,  to  some  port  without  the 
United  States. 

Sec.  206.  In  towns  having  a  population  of  less  than 
one  thousand  inhabitants  members  of  the  governing  body 
shall  receive  as  compensation  not  less  than  jury  pay  nor 
more  than  double  that  amount. 

Such  body  shall  always  be  in  session. 

The  mayor  shall  receive  not  less  than  double  jury  pay  nor 
more  than  three  times  jury  pay. 

In  such  towns  no  officer  or  employee,  other  than  the 
mayor,  shall  receive  more  than  double  jury  pay. 

Sec.  207.  In  towns  and  cities  having  a  population  of 
from  one  to  ten  thousand  inhabitants  each  member  of  the 
governing  body  shall  receive  not  less  than  double  jury  pay 
nor  more  than  four  times  jury  pay. 

Such  body  shall  always  be  in  session. 

The  mayor  shall  receive  not  less  than  double  jury  pay 
nor  more  than  six  times  jury  pay. 

No  officer  or  emplo3'Ce,  other  tlian  the  mayor,  shall  re- 
ceive more  than  four  times  jury  pay. 


The   Anarchist    Constitution.  6'^ 

Sec.  208.  In  cities  having  a  population  of  from  ten 
to  fifty  thousand  inhabitants  each  member  of  the  govern- 
ing body  shall  receive  not  less  than  three  times  nor  more 
than  six  times  jury  pay. 

Such  body  shall  always  be  in  session. 

The  mayor  shall  receive  not  less  than  three  times  jury 
pay  nor  more  than  seven  times  jury  pay. 

Xo  officer  or  employee,  other  than  the  mayor  and  mem- 
bers of  the  governing  body,  shall  receive  more  than  five 
times  jury  pay. 

Sec.  209.  In  cities  having  a  population  of  from  fifty 
thousand  to  two  hundred  thousand  inhabitants  each  mem- 
ber of  the  governing  body  shall  receive  not  less  than  four 
times  nor  more  than  seven  times  jury  pay. 

Such  body  shall  always  be  in  session. 

The  mayor  shall  receive  not  less  than  five  nor  more  than 
eight  times  jury  pay. 

No  officer  or  employee,  other  than  the  mayor  and  mem- 
bers of  the  governing  body,  shall  receive  more  than  six 
times  jury  pay. 

Sec.  210.  In  cities  having  a  population  of  more  than 
two  hundred  thousand  inhabitants  each  member  of  the 
governing  body  shall  receive  not  less  than  five  times  nor 
more  than  nine  times  jury  pay. 

Such  body  shall  always  be  in  session. 

The  mayor  shall  receive  not  less  than  six  nor  more  than 
ten  times  jury  pay. 

No  officer  or  employee,  other  than  the  mayor  and  mem- 
bers of  the  governing  body,  shall  receive  more  than  seven 
times  jury  pay. 

Sec.  211.  In  towns  and  cities,  whose  governing  body 
is  composed  of  more  than  one  branch,  members  of  differ- 
ent branches  need  not  be  paid  alike  but  members  of  the 
same  branch  must  be  paid  alike. 

Sec.  212.  No  town  or  city,  county,  state,  or  the  United 
States,  shall  engage  any  unnecessary  employees,  except  as 
otherwise  herein  provided,  nor  pay  to  any  officer  or  em- 


68  The   Anarchist   Constitutiok". 

ployee  any  more  than  is  necessary  in  order  to  get  efficient 
service. 

But  any  county  or  state  may  employ  farm  hands  or 
laborers,  or  other  workmen  on  public  works  or  improve- 
ments, at  not  to  exceed  one  and  a  half  times  jury  pay  and 
must  so  employ  all  who  apply  for  such  work  at  not  less 
than  two-thirds  jury  pay  on  unleased  land  only  and,  in 
the  case  of  farm  hands,  sell  the  product  of  such  labor  for 
the  highest  price  to  be  had,  which  price  must  all  go  into 
the  treasury  of  such  county  or  state. 

Sec.  213.  In  no  case  shall  more  than  eight  hours  labor 
be  required  to  constitute  a  day's  work,  but  a  less  amount 
may  be  established  as  a  maximum. 

Sec.  214.  The  state  legislature  shall  determine  the 
compensation  of  county  officers  not  paid  by  any  town  or 
city  which  shall  be  paid  out  of  the  state  treasury,  where 
such  expense  does  not  properly  fall  upon  a  town  or  city. 
The  county  treasury  shall  be  merely  a  county  fund  of  the 
state  treasury,  out  of  which  fund  county  expenses  shall  be 
paid  when  it  is  ample  therefor. 

Sec.  215.  The  compensation  of  advisers,  court  clerks 
and  chiefs  of  police  shall  be  determined  and  paid  by  tlie 
towns  and  cities  in  which  they  are  located  provided  that 
in  no  case  shall  the  compensation  of  any  of  them  be  less 
than  two  times  nor  more  than  six  times  jury  pay;  except 
in  towns  of  less  than  one  thousand  inhabitants,  in  which 
case  it  may  be  less  than  double  jury  pay  but  not  less  than 
jury  pay. 

Sec.  216.  Members  of  the  most  numerous  branch  of 
the  state  legislature  shall  receive  five  times  jury  pay  and 
members  of  the  least  numerous  branch  seven  times  jury 
pay. 

The  governor  shall  receive  ten  times  jury  pay. 

Sec.  217.  Justices  of  the  supreme  court  of  a  state  shall 
receive  seven  times  jury  pay. 

Sec.   218.     Members  of  the   House  of  Representatives 


The   Anarchist    Constitution.  '  69 

shall  receive  ten  times  jury  pay  and  senators  and  cabinet 
officers  shall  receive  twenty  times  jury  pay. 

Ambassadors  shall  not  receive  more  than  senators  but 
may  be  allowed  expenses  of  maintenance  of  embassies  and 
traveling  expenses. 

Ministers  shall  not  receive  more  than  representatives 
but  may  be  allowed  expenses  of  maintenance  of  legations 
and  traveling  expenses. 

Consuls  shall  not  be  allowed  more  than  five  times  jury 
pay  but  may  be  allowed  expenses  of  maintenance  of  con- 
sulates and  traveling  expenses. 

Justices  of  the  United  States  supreme  court  shall  re- 
ceive the  same  pay  as  senators. 

Congress  shall  fix  the  pay  of  all  other  officers  and  em- 
ployees of  the  United  States,  except  the  President,  which 
in  no  case  shall  exceed  the  compensation  of  representa- 
tives. 

The  President's  salary  shall  be  fifty  times  jury  pay. 

Sec.  219.  No  officer  or  employee  of  any  town,  city, 
county,  state,  or  the  United  States,  drawing  jury  pay  or 
more  shall  have  any  other  source  of  income  whatsoever 
while  drawing  such  pay  and,  if  any  such  person  there  be. 
it  shall  be  the  duty  of  any  one  having  knowledge,  or  reas- 
onable suspicion,  thereof  to  file  a  complaint  against  such 
person  therefor. 

Sec.  220.  For  the  adoption  of  any  town  or  city  con- 
stitution the  following  rules  shall  govern: 

The  town  or  city  shall  be  divided  into  as  many  districts 
as  may  be  necessary.  In  each  district  a  convention  shall 
be  held  to  which  each  person  in  the  district  who  would  be 
entitled  to  vote  at  the  time  of  the  convention  shall  be  a 
delegate.  Such  convention  shall  select  as  many  delegates, 
according  to  the  number  of  eligible  delegates,  as  may  be 
hereinafter  determined,  to  the  town  or  city  convention 
and  may  instruct  such  delegates  to  the  town  or  city  con- 
vention to  insist  on  certain  provisions  to  be  embodied  in 


70  The   Anarchist   Constitution". 

the  constitution  unless  voted  down  in  the  town  or  city  con- 
vention by  a  three-fourths  vote.  In  a  town  or  city  con- 
vention the  yeas  and  nays  shall  be  recorded  and  published 
upon  request  of  one-fifth  of  the  delegates. 

The  town  or  city  convention  shall  cause  to  be  drawn  up 
a  constitution  for  the  town  or  city.  If  there  are  any  con- 
flicting provisions  therein  which  can  not  be  made  to  har- 
monize with  one  another  in  accordance  with  the  foregoing 
a  majority  shall  determine  which  of  such  conflicting  pro- 
visions shall  be  stricken  out;  but  no  delegate  shall  vote 
to  strike  out  a  provision  he  was  instructed  to  insist  upon. 
The  town  or  city  convention  shall  then  publish  such  con- 
stitution and  cause  it  to  be  submitted  to  a  vote  of  the 
people  for  ratification  or  rejection  as  soon  as  possible,  or 
by  such  time  as  a  majority  of  the  district  conventions  may 
have  directed;  and  for  this  purpose  may  order  a  special 
election.  At  such  election  two-thirds  of  the  votes  cast 
shall  be  necessary  for  ratification. 

In  towns  of  less  than  one  thousand  inhabitants  the  town 
convention  shall  consist,  as  nearly  as  possible,  of  ten  dele- 


In  towns  or  cities  of  from  one  thousand  to  ten  thousand 
inhabitants  the  town  or  city  convention  shall  consist,  as 
nearly  as  possible,  of  twenty  delegates. 

In  cities  of  from  ten  to  fifty  thousand  inhabitants 
the  city  convention  shall  consist,  as  nearly  as  possible,  of 
thirty-five  delegates. 

In  cities  of  from  fifty  thousand  to  two  hundred  thous- 
and inhabitants  the  city  convention  shall  consist,  as  nearly 
as  possible,  of  fifty  delegates. 

In  cities  of  more  than  two  hundred  thousand  inhabi- 
tants the  city  convention  shall  consist,  as  nearly  as  possi- 
ble, of  seventy-five  delegates. 

The  delegates  to  said  town  or  city  convention  may  serve 
for  honor  only  or  for  such  amount  as  shall  not  be  more 
than  the  average  of  the  amounts  of  compensation  recom- 


The   Anarchist    Constitution-.  71 

mended  by  the  various  district  conventions  of  such  town 
or  city. 

Sec.  221.  No  law  shall  ever  be  enacted  within  the 
United  States  which  shall  embody  more  than  one  single 
subject;  provided^  this  shall  not  be  construed  to  prevent 
the  adoption  of  an  entire  code  at  one  time  each  section  of 
which  treats  only  of  a  single  subject. 

Sec.  222.  No  law  shall  ever  be  effective  within  the 
United  States  for  a  longer  period  of  time  than  five  years 
without  re-enactment  nor  for  a  longer  period  of  time  than 
five  years  after  the  day  of  its  last  re-enactment. 

Sec.  223.  A  majority  of  the  voters  of  the  United 
States  having  voted  in  favor  of  the  adoption  of  this  con- 
stitution shall  be  sufficient  to  put  it  in  force  on  and  after 
the  fifth  day  of  March  next  following  the  election  at  which 
such  voting  was  done. 

Sec.  224.  Congress  by  a  two-thirds  vote,  with  the  ap- 
proval of  the  President,  or  by  a  three-fourths  vote  without 
such  approval,  may  adopt  amendments  to  this  constitution 
provisionally  which  shall  take  effect  as  part  of  this  con- 
stitution at  noon  on  the  fourth  day  of  March  next  after 
having  been  ratified  by  three-fourths  of  the  states  or  by 
a  majority  of  the  voters  at  a  national  election.  And  a 
special  election  may  be  had  for  such  ratification,  or  for  any 
other  purpose,  if  so  ordered  by  a  three-fourths  vote  of  the 
Congress  and  approved  by  the  President. 

Sec.  225.  In  order  to  perpetuate  this  constitution,  a 
majority  of  the  voters  must  vote  in  favor  of  its  continua- 
tion for  another  four  years  at  each  regular  national  elec- 
tion. 


Chapter  V. 

Explanations  of  the  Anarchist  Constitution. 

Section  1.  Anarchists  are  opposed  to  law  but  only  in 
a  relative,  not  absolute,  sense.  Originally  the  name  anar- 
chists was  applied  only  to  those  who  were  opposed  to  gov- 
ernment by  means  of  the  old  archives  handed  down  from 
ancestors,  which  were  most  fiendish,  but  this  was  only  an- 
other way  of  saying  that  they  were  opposed  to  law,  for 
these  archives  constituted  the  law,  as  they  do  in  great  part 
to  this  day  throughout  the  United  States  as  well  as  Europe. 

Anarchists  are  not  opposed  to  ALL  law.  They  would 
substitute  in-so-far  as  possible  the  moral  law  (standing 
for  justice  in  all  the  word  implies)  for  the  statute  and 
common  law  (standing  for  evasion  of  the  moral  law  and 
oppression  in  all  that  such  implies,  justified  only  by  com- 
pliance with  the  letter  of  the  statute,  presumption  and 
technicalities) . 

It  is  sometimes  asked,  then,  wherein  they  differ  from  the 
other  political  parties,  for  anarchists  are  a  political  sect. 
which  profess  to  desire  such  changes  in  the  law  as  the 
public  welfare  may  require.  All  other  politicians  (for 
anarchists  are  politicians,  too,  in  the  word's  broadest 
sense)  simply  believe  in  making  such  individual  amend- 
ments to  the  law  as  the  masses  may  tacitly  consent  to  or 
expressly  demand. 

Anarchists  recognize  that  any  number  of  the  smartest 
and  most  honest  men  who  ever  lived,  having  arbitrary 
power  to  make  their  will  law  by  a  mere  wave  of  the  hand 
and  all  working  in  harmony,  could  not  frame  all  the 
amendments  which  would  be  necessary  to  approximate 
justice  IN  A  CENTURY.  They,  therefore,  demand, 
first,  as  the  only  practicable  and  honest  way  of  advancing 
toward  a  just  state  of  society  the  absolute  abolishment  of 


The   Anarchist    Constitution.  73 

all  pre-existing  law  and  then  the  adoption  of  such  few  and 
simple  rules  of  action  (call  them  law — it  is  not  the  word 
1-a-w  that  anarchists  dislike — regulations  or  whatever  you 
like)  for  the  regulation  of  social  intercourse  or  relations 
as  the  public  welfare  and  justice  may  require. 

Sec.  2  et  seq.  Anarchists  would  advance  social  condi- 
tions with  as  little  disturbance  of  society  as  possible, 
though  they  would  not  tolerate  the  present  injustice  and 
oppression  merely  from  reluctance  to  disturb  society  as 
it  exists.  Therefore  the  present  social  structure  and  as 
large  a  part  of  the  present  constitution  as  possible  are  used 
in  this  new  proposed  constitution  as  far  as  may  be  without 
materially  interfering  with  a  proper  foundation  for  so- 
ciety to  rest  upon. 

Sec.  7.  We  have  no  right  or  justice  in  our  claim  to 
sovereignty  over  "our  newly  acquired  possessions^^  as  it  is 
not  based  upon  "consent  of  the  governed."  But,  even  if 
we  had,  we  have  all  we  can  possibly  accomplish  to  save 
ourselves  first  before  undertaking  to  save  the  rest  of  the 
world  and,  while  it  is  every  man's  duty  to  save  others  from 
injustice  and  oppression,  it  is  not  our  duty  to  save  people 
from  themselves  before  we  save  ourselves  when  it  would 
clearly  be  impossible  to  save  either  ourselves  or  them  if 
we  undertook  to  do  both  at  the  same  time,  and  especially 
when  we  are  in  greater  danger  ourselves  than  are  they. 

Sec.  9.  Detectives  may,  and  probably  will,  be  neces- 
sary for  a  few  years  on  account  of  the  few  degenerated 
and  vicious  characters  that  our  abnormal  and  unjust  so- 
cial conditions  have  developed  in  some  few — very  few — ■ 
to  such  extreme  depravity  that  they  may  be,  perhaps  are. 
beyond  redemption.  A  hospital  would  be  a  more  humane 
receptacle  for  such  than  a  prison  t)ut  we  shall  be  perfectly 
satisfied  to  leave  the  decisions  of  such  facts  to  juries, — 
that  is,  bona  fide  juries. 

Sec.  15.  It  is  absolutely  absurd  to  leave  the  distribu- 
tion of  wealth  to  those  whose  welfare  and,  generally  speak- 
ing, very  life  depend  upon  their  ability  (inclination,  too. 


74  The    Anarchist    Constitution. 

as  a  matter  of  course)  to  rob  the  people  as  successfully  as 
their  "competitors."  Kobbery  is  justifiable  when  driven 
to  it  by  necessity  and  every  merchant  and  business  man  is 
generally  driven  to  it  by  necessity  but  it  is  none  the  less 
robbery  for  all  that.  True,  robbery  is  not  justifiable  when 
indiscriminate  and  is  of  greater  extent  than  is  necessary. 
But  the  indiscriminate  robbery  of  the  people  by  merchants 
is  necessary  to  a  great  extent.  Section  15  of  the  Anarchist 
Constitution  simply  says  that  every  |)erson  shall  have  the 
opportunity  to  buy  from  an  honest  merchant. 

Sec.  16.  There  are  many  other  lines  of  business  be- 
sides mere  distribution  of  wealth  which  every  town  should 
immediately  carry  on  for  the  benefit  of  the  people,  and 
which  can  not  properly  be  carried  on  otherwise,  and  this 
should  be  done  in  all  lines  of  industry  eventually  but  they 
cannot  all  be  taken  up  FIRST.  It  is  merely  a  matter  of 
determining,  the  best  way  it  can  be,  which  most  urgently 
comes  first. 

Sec.  17.  There  are  some  lines  of  industry  too  much  of 
a  local  character  to  be  carried  on  by  the  national  -govern- 
ment and  not  of  a  sufficiently  local  character  to  be  carried 
on  by  a  town  or  city.  Such,  for  instance,  as  transporta- 
tion about  San  Francisco  Bay  or  on  the  Hudson  River  and 
telephone  communication  of  a  few  scattered  towns  in  a 
county  that  would  otherwise  be  unconnected.  Also  some 
lines  of  manufacturing  should  be  carried  on  by  the  state, 
or  possibly  by  a  county. 

Sec.  20.  The  United  States  should  carry  on  all  such 
lines  of  business  that  the  entire  nation  as  a  whole  would 
be  benefited  thereby,  as  well  as  some  others,  like  coast 
navigation  and  inland  transportation  not  of  a  local  char- 
acter. 

Sec.  26.  It  is  not  the  idea  to  keep  the  country  pre- 
pared for  war  which  is  almost  certain,  with  our  strength, 
we  could  never  be  involved  in  without  looking  for  it.  But 
there  may  be  a  bare  possibility — we  are  willing  to  concede 
this  much  temporarily  to  the  old  order  of  things — that  we 


The    Anarchist    Constitution.  75 

MIGHT  be  unjustly  attacked  from  without  and  a  navy, 
unlike  an  army,  can  not  be  manufactured  over  night. 

Sec.  27.  There  is  no  POSSIBLE  use  for  maintaining 
an  army  ready  to  fight  and  we  concede  for  the  present  that 
it  may  be  safest  to  have  a  well  trained  nucleus  of  an  army 
which  could  be  turned  into  military  instructors  in  a  possi- 
ble emergency. 

Sec.  29.  There  is  no  danger  of  compulsory  service  for 
four  months  in  the  militia  becoming  onerous  under  the 
provisions  of  this  constitution,  as  compulsory  military  ser- 
vice has  in  all  other  countries  where  it  has  been  in  force, 
as  all  would  be  required  to  serve  alike  and  there  could  be 
no  officers  of  more  than  four  months'  service  to  substitute 
despotism  for  discipline.  And  it  would  have  this  advan- 
tage that  no  one  class  would  be  better  versed  in  military 
tactics  and  organization  than  another  and,  in  case  of  ne- 
cessit}^,  all  the  male  population  of  the  entire  nation  could 
be  turned  into  a  fairly  well  disciplined  army  in  a  day. 

Sec.  30.  There  is  no  justice  in  authorizing  the  taxa- 
tion of  the  entire  nation  almost  at  will  by  one  man  merely 
because  he  was  the  first  man  to  "perfect"  an  idea  or  pre- 
sent new  thoughts.  We  would  have  steamboats  just  the 
same  today  if  Newton  had  never  lived.  If  he  had  not 
"perfected"  his  steamboat  on  the  Hudson  Eiver  a  century 
ago  some  one  else  would,  and  if  Col.  Colt  had  not  "in- 
vented" the  revolver  some  one  else  would.  If  I  had  not 
presented  anarchy  (pardon  my  modesty)  in  as  concise  a 
form  as  this  some  one  else  would  very  soon.  And  the 
whole  people  are  entitled  to  such  products  because  every 
one  of  them,  not  the  result  of  accidents  (accidents  happen 
with  but  little  regard  for  patent  laws)  is  the  result  of  the 
growth  and  exchange  of  the  ideas  of  all. 

Sec.  33.  The  greatest  protection  that  thieves  and  ras- 
cals of  all  kinds  have  enjoyed  in  all  countries  and  in  all 
ages  has  been  the  definition,  or  rather  so-called  definition, 
of  crimes  with  a  prescribed  penalty  and  this  is  not  lessened 
to  any  considerable  extent  by  qualifying  the  penalty  to 


76  The   Anarchist    Constitution. 

be  not  less  than  nor  more  than  such  and  such  in  the  dis- 
cretion of  the  judge.  This  definition  of  crime  and  stipu- 
lation of  the  penalty  has  been  the  most  potent  single  thing 
handed  down  to  us  from  the  old  archives  of  our  ancestors 
in  making  jury  trial  an  absolute  farce.  It  is  so  manifest- 
ly impossible  to  define  beforehand  in  statute  books  all  the 
infinite  number  of  combinations  of  circumstances  that  do 
or  may  constitute  an  infringement  on  the  rights  of  man 
that,  if  we  did  not  know  it  to  be  true,  it  would  be  incredible 
to  a  man  of  average  intelligence  and  sense  of  justice  that 
we  have  for  untold  ages,  and  still  do,  attempt  to  define 
all  the  infinite  combinations  of  circumstances  that  are 
wrong  and  say  that  nothing  else  shall  be  punished  as  such. 
Its  only  result  is,  in  effect,  the  naming  of  certain  easy  con- 
ditions that  the  law  says  must  be  complied  with.  As  a 
natural  consequence  only  those  who  disregard  those  cer- 
tain easy  conditions  or  are  unaware  of  them  (which  latter 
is  the  case  with  most  men)  can  possibly  be  punished. 
Those  who  know  the  certain  easy  conditions  and  comply 
with  them  can,  and  do,  infringe  upon  the  rights  of  their 
fellow  men  (and  women  more  especially)  at  will.  They 
are  our  prominent  citizens.  Their  victims  are  the  dogs 
of  society.  Every  man  knows  when  he  does  another  a 
deliberate  wrong  and  for  such  he  should  be  held  accounta- 
ble whether  or  not  the  circumstances  have  happened  to 
come  within  some  statute.  And,  on  the  other  hand,  the 
most  innocent  acts  of  life  come  within  some  statute  or 
other  in  their  consequences  and  make  us  criminals  under 
the  law.  True,  there  must  be  a  criminal  intent  but  this 
intent  is  presumed  in  law  and  the  burden  of  proof  lies 
with  the  defendant  to  prove  there  was  no  such  intent. 
And  lack  of  intent  can  only  be  proved  in  certain  ways  that 
the  average  man  knows  nothing  of  by  legal  evidence,  re- 
gardless of  other  evidence,  and  the  jury  can  only  judge 
of  the  fact  by  such  LEGAL  evidence  and  the  law  as  it 
is  handed  out  to  them  by  the  judge  regardless  of  whether 
or  not  the  law  is  just  under  the  circumstances.     And  the 


The   Anarchist    Constitution.  77 

jury  must  render  a  verdict,  too,  without  even  knowing 
what  the  sentence  of  the  judge  will  be !  All  law  of  this 
character  anarchists  are  opposed  to  on  principle  and  the 
respectable  criminals  protected  by  it  from  the  just  pun- 
ishment of  their  infamy  are  heartily  in  favor  of  it. 

Sec.  35.  Most  people  seem  to  think  anarchists  are  op- 
posed to  such  things  as  courts;  though  why  it  is  hard  to 
say  unless  it  is  because  they  are  opposed  to  such  courts 
as  we  have  heretofore  known  and  the  further  reason  that 
in  a  state  of  absolute  anarchy  there  probably  would  be 
none.  It  can  only  be  said  to  those  who  believe  anarchists 
to  be  opposed  to  courts  regardless  of  their  nature  that  they 
are  ignorant  of  the  fundamental  principles  of  anarchy. 
It  is  true  that  anarchists  are  opposed  to  such  courts  as 
exist  at  the  present  time  because  they  are  ALL  courts  of  in- 
justice, not  courts  of  justice,  though  sometimes  they  may 
HAPPEN  to  deal  out  justice  if  the  side  of  justice  happens 
to  win  the  legal  battle  therein  waged  and  the  punishment 
prescribed  by  law  HAPPENS  to  be  a  just  one  under  the 
circumstances.  But  anarchists  are  not  opposed  to  courts 
that  shall  honestly  endeavor  to  deal  out  justice  according 
to  the  circumstances  instead  of  according  to  the  archives. 

Sec.  36.  The  idea  of  this  section  is  that  the  legislature 
will  establish  in  each  town  and  city  as  many  departments 
as  may  be  necessary  to  give  prompt  justice  to  all  and  dis- 
solve them  as  strife  becomes  less  and  the  departments  be- 
come unnecessary.  It  is  impossible  to  lay  down  hard  and 
fast  rules  for  establishing  such  courts  and  dispensing  with 
them  again  as  they  become  unnecessary.  It  might  be 
left  without  great  danger  to  the  welfare  of  society  to  each 
town  and  city  to  dissolve  such  departments  but  one  de- 
partment clerk  is  needed,  even  after  all  departments  of 
the  county  court  are  dissolved  therein,  in  every  town  and 
city  of  any  size.  It  has,  therefore,  been  left  to  the  legis- 
lature to  regulate  the  establishment  and  dissolution  of 
courts  on  the  assumption  that  under  anarchy  the  legisla- 
ture would  be  responsive  to  public  opinion,  as  it  has  never 


78  The    Anarchist    Constitution. 

been  before.  And  it  is  thought  that^  as  the  town  or  city 
is  most  directly  concerned  and  bears  all  the  expense,  that 
the  legislature  would  act  promptly  upon  the  recommenda- 
tions of  such  town  or  city.  x4nd  in  towns  desiring  a  de- 
partment clerk  and  not  a  court  the  court  and  clerk  could 
be  provided  for  and  the  court  immediately  thereafter  dis- 
solved upon  recommendation  of  the  town. 

Sec.  37.  The  appointment  of  advisers  by  the  governor 
is  merely  for  simplicity  and  of  no  great  danger  to  the 
community  because  as  soon  as  three  juries  register  a  vote 
of  censure  against  him  he  can  be  tried  and  removed  by 
a  subsequent  jury.  And  while  three  juries  may  seem 
an  arbitrary  number  to  require  censure  from  before  re- 
moval by  a  subsequent  one  it  is  only  to  guard  against  hasty 
removal  based  upon  a  single  recommendation  or  decision 
not  properly  understood.  It  may  seem  that  the  number 
should  be  greater  in  large  cities  where  the  adviser  presides 
at  many  trials  than  in  small  towns  where  there  are  but  few 
but  in  large  cities  the  adviser  can  not  be  in  such  close 
touch  with  the  community  at  large  as  in  small  towns  and 
it  is,  therefore,  more  urgent  to  guard  well  against  bias 
on  the  part  of  the  adviser. 

Sec.  38.  Civil  and  criminal  cases  should  dilfer  only  in 
the  punishment.  The  jury,  with  the  advice  and  informa- 
tion allowable  from  an  experienced  adviser,  is  the  best 
judge  obtainable  as  to  whether  or  not  the  infringement 
of  right  is  of  a  criminal  nature.  That  is,  assuming  the 
jury  to  be  honestly  selected  as  it  must  be  under  this  con- 
stitution. 

Justice  should  be  free  to  all.  Under  the  present  sys- 
tem our  so-called  justice  is  so  expensive  a  luxury  that  it 
is  well  within  the  reach  of  J.  Pierpont  Morgan  and  ]\Ir. 
Eockefeller  and    well  beyond  tlie  reach  of  auy  poor  man. 

If  the  first  and  second  of  the  bail-bonrd  ra\or  a  reas- 
onable amount  of  bail,  say  $100  and  $200  respectively, 
and  the  third  or  third  and  fourth  favor  $1,000,000  it 
will  not  take  the  first  and  second  long  to  agree  to  a  com- 


The    Anarchist    Constitution.  79 

promise  of  say  $150  and  if  the  two  agree  on  $150  and  two 
$1,000,000,  either  is  a  proper  amount  of  bail  and  if  the 
sheriff  then  refuse  to  accept  $150  as  bail  when  tendered 
he  will  be  subject  to  action  by  the  defendant  for  refusing 
a  proper  amount  of  bail. 

Of  course  the  duties  of  some  officers  provided  for  in 
this  constitution  are  too  great  to  all  be  attended  to  in 
person.  But  such  is  the  case  under  the  present  system 
and  it  works  no  inconvenience  as  a  proper  number  of  as- 
sistants may  be  had.  For  instance,  it  would  be  an  impos- 
sibility for  the  county  clerk  in  San  Francisco  to  perform 
alone  all  the  duties  imposed  upon  him  but  that  is  not  ex- 
pected, nor  would  it  be  under  the  Anarchist  Constitu- 
tion. 

To-day  extradition  must  be  granted  by  one  state  to  an- 
other and,  therefore,  the  present  red  tape  of  a  formal  de- 
mand is  unnecessary. 

Sec.  39.  Delays  should  not  be  granted,  as  at  present, 
to  secure  a  biased  court  or  jury. 

Sec.  40.  The  adviser  is  not  compelled  to  grant  one 
unreasonably  long  postponement  nor  is  he  obliged  to  grant 
postponements  subsequent  to  the  first,  even  by  mutual 
consent  of  the  parties,  to  the  interference  of  the  business 
of  the  court,  except  in  his  discretion  he  may  in  the  inter- 
ests of  Justice. 

Sec.  41.  But  if  the  bail-board  delay  justice  without 
good  and  sufficient  cause  they,  or  any  of  them,  will  be  sub- 
ject to  complaint  therefor  at  the  instance  of  the  injured 
party,  within  a  reasonable  time. 

Sec.  42.  Defendants  should  not  be  required  to  defend 
a  sudden  and  surprising  complaint  without  proper  oppor- 
tunity to  prepare  for  defense. 

Sec.  44.  Courts  should  not  be  burdened  with  mere 
trifles  of  so  little  consequence  as  to  be  a  forgotten  inci- 
dent in  a  week.  Nor  should  they  be  burdened  with  such 
trifles  as  any  one  man  is  good  enough  to  determine. 


80  The   Anarchist    Constitution. 

AT  PEESENT  A  MAN  WHO  IS  UNABLE  TO  GET 
WOEK  and  forced  to  lay  around  in  idleness — there  are 
none  such  when  in  good  health,  from  choice,  at  the  be- 
ginning of  such  a  life — is  haled  before  some  petty  "judge/' 
with  an  exaggerated  idea  of  the  cringing  worship  due  himj 
on  a  charge  of  "vagrancy'^  and  it  is  woe  to  such  a  man  who 
demands  a  jury  trial  and  it  is  woe  to  him  any  way  if  the 
"judge"  is  not  favorably  impressed  with  his  appearance 
or  "address'^  or  worshipful  deference.  But  the  most  dis- 
gusting sight  in  connection  with  our  government  is  a 
helpless  woman  who  has  been  driven  into  prostitution  to 
get  the  few  dollars  necessary  for  her  existence  brought 
into  court  "for  revenue  only"  on  a  charge  of  vagrancy  that 
we  may  take  those  few  dearly  bought  dollars  away  from 
her  as  a  Shylock  would  take  the  pound  of  flesh  that  he  im- 
agines legal  technicalities  will  entitle  him  to.  It  is  no 
rare  thing.  It  is  the  EVEEY  DAY  robbery  by  our  govern- 
ment in  every  city  of  our  land.  Even  as  I  write  the  fore- 
going sentence  a  new  case  of  the  same  old  kind  is  reported 
to  me.  The  helpless  woman  had  but  fifty  cents  that  they 
could  bleed  her  out  of  and  that  was  not  enough.  Her 
bail  was  set  at  only  fifty  dollars,  and  she  languished  for 
eight  hours  in  a  cell — a  hell  hole — and  the  supreme  auto- 
crat called  "judge,"  whose  children  do  not  have  to  live  by 
such  means,  was  indignant  because  her  bail — we'll  call  it 
bail  though  it  seems  more  like  tribute  for  release  from 
persecution  as  it  is  rare  indeed  that  such  money  ever  gets 
back  to  its  owner — was  reduced  to  ten  dollars. 

Anarchists  would  certainly  wipe  out  of  the  English 
language  the  word  "vagrancy,"  handed  down  to  us  from 
the  archives,  and  meaning  vagueness  or  indefiniteness,  and 
applied  only  to  those  against  whom  nothing  could  be  alleged 
but  whom  it  was  desired  to  punish  (or  bleed,  as  in  the  case 
of  prostitutes)  on  general  principles — or  out  of  spite.  I 
defy  any  man  to  define  vagrant  so  as  not  to  include  those 
whom  he  will  admit  are  not  vagrants  in  a  legal  sense. 

Sec.  45.     The  numl)er  of  twelve  to  constitute  a  jury  is 


'^/veas/jY  ] 


The   Anarchist    Constituti6n.  rx^     of 

an  arbitrary  one  and  only  taken  because  it  has  been  cus- 
tomary and  is  just  as  good  as  any  other  number,  all  thing? 
considered.  While  anarchists  object  to  being  governed^ 
or  judged,  by  any  one  man  they  do  not  ask  for  any  more 
to  sit  in  judgment  on  them  than  are  supposed  in  theory 
of  law  to  sit  in  judgment  of  a  man's  actions  to-day. 

Anarchists  do  not  fear  the  judgment  of  women,  who  are 
just  as  honest  in  their  judgments  as  men,  any  more  than 
that  of  men;  and  women  who  are  competent  to  judge  of 
public  policies  should  be  just  as  competent  to  judge  of 
private  or  individual  actions.  And  they  can  afford  to  give 
such  service  to  the  community  nearly  as  well  as  men. 

All  jurors  should  be  in  full  mental  vigor  and  therefore 
the  age  limits  (with  all  due  apology  to  the  old  folks). 

Brother  or  sister  of  the  half-blood  would,  I  should  thiiii 
be  brother  or  sister. 

A  juror's  statement,  while  conclusive  of  such  relation- 
ship, will  not  relieve  him  from  liability  to  prosecution 
for  material  perjury. 

A  juror  excused  for  ineligibility  to  serve  on  a  particular 
case  shall  serve  on  the  next  jury  for  which  he  is  eligible. 
No  person  shall  shirk  his  just  share  of  jury  duty  if  it  can 
be  prevented  and  none  shall  be  skipped  in  order  to  reach 
a  biased  juror. 

Sec.  46.  Where  a  jury  can  only  be  judge  of  a  bare  fact^ 
often  admitted  by  the  defendant,  and  where  the  jury  can 
only  have  such  evidence  upon  which  to  base  its  judgment 
as  the  judge  will  allow  and  where,  after  all  the  farce  is 
completed,  the  judge  may  set  the  verdict  of  the  jury  aside 
upon  giving  the  excuse  that  it  is  not  in  accordance  with 
that  part  of  the  law  he  has  handed  out  to  them  in  his  "in- 
structions" and  the  evidence  he  has  allowed  to  be  sub- 
mitted, can  any  honest  man  uphold  our  present  system  of 
jurisprudence?  That  is,  can  any  honest  man  not  be  an 
anarchist  ? 

Sec.  47.  Is  there  any  sound  reason  why  one  biased 
juror,  or  only  stubborn  if  you  please,  should  be  able  to 


82  The    An^archist    Constitution". 

prevent  any  decision  of  the  court?  Over  a  century  ago 
Blackstone  said  it  was  only  because  it  had  been  so  with 
former  generations. 

Sec.  52.  There  is  no  possible  excuse  for  the  brutality 
and  indecency  of  the  average  police  officer.  I  do  not  be- 
little the  exceptional  policeman  who  shows  some  courtesy 
and  consideration  for,  and  respect  towards,  the  person 
arrested.  I  only  state,  what  I  know  to  be  true,  that  such 
policemen  are  rare,  though  there  may  he  di  few.  There 
is  no  occasion  to  overawe  or  attempt  to  overawe  the  person 
arrested  and  courtesy  is  not  incompatible  with  firmness. 

Regarding  vote  of  censure  against  adviser,  see  note  Sec. 
37. 

Sec.  53.  The  salaries  of  government  officials  should 
be  no  more  arbitrary  than  necessary  and,  therefore,  some 
standard  or  unit,  based  upon  the  average  earnings  of  the 
people,  should  be  the  basis  for  calculating  them.  Every 
juror  should  consider  himself  bound  in  honor  to  make  an 
honest  statement  of  his  earnings  and  when  such  statement 
is  palpably  dishonest  any  person  having  knowledge  thereof 
should  feel  in  duty  bound  to  file  a  complaint  for  such  per- 
j^^ry. 

Sec.  54.  No  person  at  the  age  of  ten  years  can  appre- 
ciate right  and  wrong  to  such  an  extent  as  to  be  properly 
held  to  be  a  menace  to  society  and  a  great  wrong  com- 
mitted at  such  age  is  either  without  sufficient  criminal 
intent  or  the  result  of  lack  of  proper  education,  in  which 
latter  case  society  has  only  itself  to  blame.  In  England 
children  of  this  tender  age  have  been  judicially  burned  at 
the  stake,  or  hung. 

Sec.  60.  The  matter  of  new  trials,  based  upon  equity, 
is  one  that  will  bear  great  thought  and  study;  wliich,  ap- 
parently, it  has  never  received. 

Sec.  69.  In  case  of  sentence  agreed  to  by  seven  only 
of  the  jurors,  and  not  endorsed  by  the  adviser,  the  justice 
of  such  sentence  is  so  dubious  that  the  benefit  of  any  possi- 


The    Anarchist    Constitution.  83 

ble  doubt  should  be  given  the  defendant  by  those  requested 
to  sign  his  petition  for  new  triaL 

Sec.  74.  We  still  have  the  whipping  post  for  "vag- 
rants" (when  the}^  can  not  be  bled  for  nione}^)  in  Dela- 
ware, to  our  national  disgrace. 

Sec.  78.  Justice  absolutely  demands  some  protection^ 
which  does  not  now  exist  to  speak  of,  against  being  in- 
volved in  defense  of  prosecution  or  other  litigation  which 
is,  in  fact,  only  persecution. 

Sec.  79.  Eequiring  a  person  to  call  upon  God  for  help 
to  tell  the  truth,  whether  the  person  believes  in  the  exist- 
ence of  a  God  or  not,  is  an  insult  to  the  person  which  no 
community  should  ever  stoop  to  indulge  in;  and  only  a 
relic  of  superstition. 

Sec.  85.  How  any  self-respecting  community  can  place 
the  age  of  consent  at  twelve  years — the  common  law^  age  of 
consent — is  beyond  comprehension. 

"Wliile  it  may  not,  and  in  my  opinion  is  not,  proper  or 
advisable  for  a  girl  to  get  married  as  soon  as  she  has 
reached  the  age  of  consent,  she  unquestionably  has  the 
EIGHT  to  get  married  before  an  older  age  has  been 
reached.  Certainly  she  has  the  right  to  get  married,  with- 
out anybody's  consent,  as  soon  as  a  proper  age  of  consent 
has  been  reached;  or,  in  other  words,  as  soon  as  she  has 
the  right  to  become  pregnant,  or  when  another  has  the 
right  to  make  her  so,  she  has  a  RIGHT,  inherent  and  in- 
alienable, to  be  married. 

Sec.  86.  Our  present  marriage  and  divorce  laws  are 
simply  fiendish.  "It  is  the  Law,"  by  Chas.  Sheldon,  is 
the  title  of  a  book  on  this  subject  which  is  recommended 
as  a  fair  synopsis  of  them. 

Sec.  87.  A  marriage  between  brother  and.  sister  of  the 
half  blood,  between  cousins,  between  uncle  and  niece  or 
between  aunt  and  nephew,  as  well  as  between  ancestor  and 
posterity,  should  certainly  be  deemed  incestuous. 

Sec.  88.     The  male  should  in  such  case  be  at  least  as 


84  The    Anarchist    Constitution. 

guilty  as  the  female  but  the  youth  of  the  male  should  also 
be  considered. 

Sec.  89.  Can  any  one,  anarchist  or  partisan  of  the  ar- 
chives, maintain  that  it  is  not  fiendish  to  attaint  for  life 
at  birth  a  poor  innocent  little  baby  with  the  opprobrious 
epithet  of  "bastard?"  An  anarchist  maintains  that  the 
mere  existence  and  appearance  before  one's  eyes,  alone, 
is  absolute  and  incontrovertible  PROOF  of  the  innocence 
and  legitimacy  of  a  baby,  who  could  not  do  an  illegitimate 
act  under  any  circumstances. 

Sec.  90.  A  marriage  is  a  mere  civil  contract.  Our 
law  of  to-day  recognizes  it  as  such,  but,  with  that  beauti- 
ful and  regardless  inconsistency  which  so  permeates  our 
law  and  ;iurisprudence,  does  not  recognize  its  obligations 
as  the  oWigations  of  a  mere  civil  contract,  which  may  be 
terminated  by  the  mutual  consent  of  all  parties  in  interest. 
The  reason  for  this  was  probably  in  ancient  ages  based 
upon  religious  superstition  and,  barring  such  religious 
superstition  which  exists  to  a  frightful  extent  to  this  day, 
the  only  leason  given  now  for  prohibiting  the  abrogation 
of  the  marriage  contract  by  consent  of  all  parties  in  in- 
terest is  tliat  children  who,  by  reason  of  their  tender  age. 
are  parties,  in  interest  and  unable  to  give  an  intelligent 
consent  would  be  robbed  of  their  parentage.  This  seems 
about  as  absurd  as  most  of  the  excuses  for  our  Judicial 
monstrositii^s.  In  the  first  place,  it  does  not  permit  a 
termination  of  the  contract  by  mutual  consent  of  all  par- 
ties in  inter(».st  where  such  considerations  could  not  pose: 
bly  apply.  In  the  second  place,  it  does  not  apply  with  an^ 
very  great  degree  of  force  even  where  there  are  children 
who  can  not  give  an  intelligent  consent.  Can  any  person 
maintain  that  a  child  is  better  off  in  a  home — usually  more 
of  a  hell  than  a  home — where  the  parents  can  no  longer 
live  together  in  .^.ove  and  harmony  than  it  would  be  living 
with  only  one  ol  the  parents  living  amidst  surroundings 
of  greater  harmony?  The  divorces  in  the  United  States 
during  the  past  twenty  years  number  380,000,  not  one 


The   Anarchist    Constitution.  85 

of  which^  in  theory  of  law,  could  be  granted  where  there 
was  any  collusion,  or  mutual  consent  of  the  parties  in  in- 
terest; to  say  nothing  of  the  cases  of  worse  than  divorce 
where  such  an  expensive  luxury  could  not  be  afforded.  It 
is  doubtful  if  there  would  be  so  many  under  anarchy.  The 
separations  in  colonies  of  anarchists  have  never  been  so 
great  in  proportion  to  the  number  of  people  and  there  no 
children  have  been  raised  in  homes  (that  are  hell)  where 
the  parents  could  not  live  together  in  love  and  harmony 
and  that  despite  the  fact  that  only  poor  people  have  ever 
lived  in  colonies  of  anarchists. 

\\Tiile  a  marriage  contract  would  be  provable  without 
anything  in  writing,  the  only  safe  and  proper  way  would 
be  to  have  it  recorded. 

Sec.  94.  Of  course  if  the  mother  subscribed  to  the  rec- 
ord of  birth  naming  a  father  of  the  child  who  was  not  the 
father  she  would  be  liable  and  it  would  in  no  way  bind  the 
alleged  father,  but  if  he  did  not  promptly  proceed  against 
the  mother  and  all  others  willfully  parties  to  the  false 
record,  as  soon  as  possible  after  knowledge  thereof  came  to 
him  it  would  weigh  materially  against  him.  And  if  the 
clerk  or  any  one  else  strongly  suspected  the  record  to  be 
false  in  such  respect  the  alleged  father  should  be  at  once 
notified. 

Birth  records  should  be  watched  closely  and  all  birth- 
should  be  recorded  even  though  the  child  be  still-born, 
if  after  seven  months. 

Sec.  96.  It  is  most  important  that  all  deaths  should  be 
properly  recorded. 

Sec.  98.  If  my  property  goes  to  my  wife  upon  my 
death,  which  it  certainly  should  do,  there  is  no  good  rea:-- 
on  why  it  should  go  to  a  subsequent  husband  of  hers  upon 
her  death  and  the  good  of  the  community  absolutely  re- 
quires that  the  accumulation  of  vast  fortunes  in  the  haal- 
of  a  few  individuals  who  did  nothing  to  produce  then], 
or  even  if  they  did  contribute  to  some  slight  extent  in  pro- 
ducing them,  like  J.  Pierpont  Morgan,  Andrew  Carnegie 


86  The    Anarchist    Constitution. 

and   William   Waldorf   Astor^   and   other   enemies   of   so- 
ciety, should  be  prevented. 

Sec.  99.  The  orphans  of  a  deceased  person  leavini^  an 
estate  have  no  nse  for  a  considerable  amount  thereof  tc 
spend  all  at  one  time  nor  any  legitimate  use  for  more  than 
half  jury  pay  until  of  age.  There  is  no  reason  why  any 
able  man  should  be  kept  in  idleness  all  his  life  simply  be- 
cause some  of  his  ancestors  earned  or  stole  (which  ever 
you  please)  more  than  they  had  occasion  to  consume  or 
spend  after  properly  providing  for  themselves,  and  t^  fir 
children  until  they  reach  the  age  of  manhood.  And  cer- 
tainly all  other  orphans  have  a  right  to  life,  which  neces^^a- 
rily  carries  with  it  a  right  to  be  supported  until  they  aro 
competent  to  support  themselves. 

Sec.  100.  And  when  a  man  dies  leaving  no  surviving 
wife  or  children  certainly  the  orphans  of  the  county,  who 
contributed  materially  to  the  society  which  enabled  him  to 
create  his  estate,  have  as  much  right  to  his  estate  as  a  dis- 
tant relative,  who  probably  contributed  practically  noth- 
ing thereto,  and  a  great  deal  more  claim  to  consideration. 

The  payments  from  the  General  Orphans'  Fund 
should  be  great  enough  to  prevent  surplus  because  this 
money  goes  into  such  fund  only  for  the  purpose  of  distri- 
bution and  not  for  the  purpose  of  accumulation. 

Sec.  102.  Many  corporations  to-day  have  this  social- 
istic system  of  medical  attention  in  force  for  their  em- 
ployees, and  it  works  to  the  benefit  of  corporations,  em- 
ployees and  physicians  alike.  The  physician's  only  inter- 
est is  to  benefit  and  cure  his  patients,  and  not  to  keep  them 
sick,  as  is  generally  the  case  at  present.  The  physician 
gets  a  fair  and  just  compensation  for  his  labor  without 
spending  half  his  time  in  a  vain  endeavor  to  collect  bills 
and  his  patients  get  honest  treatment  to  the  best  of  the 
physician's  ability,  paying  all  that  such  service  costs  and 
no  more.  True,  some  people  contribute  to  the  pay  of  the 
physician  without   ever   requiring   a   physician's   services. 


The    Anarchist    Constitution.  87 

but  they  are  the  fortunate  ones  as  are  those  who  insure 
their  homes  against  fire  without  ever  being  burned  out. 

Sec.  106.  Every  town  and  city  ought  to  employ  as 
many  dentists  as  necessary  to  provide,  free  of  cost,  proper 
care  for  the  teeth  of  all  inhabitants,  but  as  this  is  not  quite 
so  important  as  medical  attention  it  is  not  made  obligatory. 

Sec.  107.  This  does  not  prohibit  experienced  persons 
from  giving  such  advice,  care  and  attention  as  they  can^ 
but  they  must  not  make  it  their  business  as  do  many  so- 
called  doctors  to-day  who  have  never  had  a  proper  train- 
ing therefor,  nor  even  a  diploma,  and  who  escape  the  law 
prohibiting  such  practice  on  mere  technicalities.  Eogues 
and  rascals  who  infringe  upon  the  rights  of  their  fellow 
men  and  depend  upon  the  technicalities  of  the  law  to  pro- 
tect them  from  just  and  well  merited  punishment  will  not 
be  so  smart  when  they  go  into  an  anarchist  court  as  they 
are  to-day  when  they  go  into  a  court  of  "justice"  and  play 
the  martyr. 

Sec.  108.  While  I  cannot  believe  in  any  religion  or 
God,  however  much  I  might  wish  to,  certainly  those  who 
do  believe  in  any  religion,  whatever  it  may  be,  are  free  from 
any  blame  therefor,  as  a  person's  belief  cannot  be  volun- 
tary. As  to  honestly  teaching  any  belief  in  good  faith,  it 
is  nothing  more  nor  less  than  expressing  one's  opinions; 
provided,  of  course,  it  is  not  expressing  the  opinions  of 
others  for  pay  or  other  consideration.  It  is  not  our  right 
to  express  our  opinions  and  other  people's  duty  to  hear 
them,  but  our  duty  to  express  our  opinions  and  other  peo- 
ple's right  to  hear  them.  And  our  7-ight  to  hear  other 
people's  honest  opinions  is  infringed  upon  when  those  other 
people  undertake  to  represent  to  us,  as  their  opinions,  what 
a  third  party  would  like  to  have  represented  to  us  as  their 
opinions.  If  the  Pope  of  Eome  has  a  hireling  priest  rep- 
resent to  me  as  the  Priest's  opinions  what  are  only  the 
Pope's  opinions,  and  the  priest  represents  to  me  for  the 
pay  or  bribe  that  the  Pope  will  cause  to  be  paid  to  the 
priest,  as  his  own  opinion,  not  what  is  really  the  priest's 


88  The   Anarchist    Constitution. 

own  opinion,  but  only  what  the  Pope  wishes  me  to  believe 
is  the  priest's  own  opinion  I  am  deceived  and  robbed  of 
my  right  to  hear  honest  opinions.  And  this  robbery  or  in- 
fringement of  my  right  is  not  lessened  by  the  fact  that 
this  opinion  that  I  get  as  the  priest's  opinion  is  really  the 
honest  opinion  of  the  Pope  nor  by  the  additional  fact  that 
the  Pope's  opinion  7nay  be  based  upon  sound  sense  and 
reason  unless  the  Pope  has  a  monopoly  of  sound  sense  and 
reason. 

What  has  here  been  said  applies  equally  to  all  other  re- 
ligious organizations,  but  the  catholic  church  has  only 
been  cited  because  it  is  the  most  powerful  organization 
on  the  face  of  the  earth,  and  therefore  the  most  baneful. 
I  have  no  more  animosity  towards  the  catholic  church  than 
any  other.  All  churches  are  organized  for  the  sole  purpose 
of  teaching,  especially  to  women  and  children,  what  I  look 
upon  as  superstition  calculated  only  to  dwarf  and  enslave 
the  intellect.  And  my  opinion  in  this  respect  is  not  modi- 
fied in  the  least  by  the  fact  that,  in  all  ages  of  which  we 
have  any  records,  and  among  all  peoples,  knaves  have  been 
able  to  teach  superstition  to  the  gawkies  for  the  purpose 
of  dwarfing  and  enslaving  the  intellect  nor  by  the  further 
fact  that  they  also  do  a  little  good  on  the  side  to  ward  off 
criticism  so  that  if  they  are  censured  they  can  noisily  ad- 
vertise that  fact  and  point  to  a  hospital  here  or  a  mission 
of  mercy,  so-called  (I  prefer  to  call  it  justice)  and  ask: 
"Would  you  stop  such  work?"  I  say  no.  We  would  not 
stop  such  work.  We  would  only  separate  it  from  the  bad 
work  to  which  knaves  have  always  attached  it. 

There  is  only  one  thing  that  I,  as  an  atheist,  hold 
against  the  partisans  of  religious  organizations  (I  hold 
nothing  against  those  who  hold  an  honest  belief  in  re- 
ligion). That  is,  while  I  recognize  the  right,  and  even 
duty,  of  every  one  of  them  to  promulgate  his  opinions  so 
long  as  he  does  not  receive  pay  from  others  therefor,  they 
try  to  cast  obloquy  upon  atheists  for  exercising  that  same 
right  and  duty.     Atheists  would  deserve  the  opprobrium 


The   Anarchist    Constitution.  89 

of  others  if  they  taught  atheism  without  believing  in  it 
for  the  purpose  of  gain. 

As  to  the  teaching  of  religious  beliefs,  not  for  the  pur- 
pose of  gain,  clearly  a  material  infringement  of  the  rights 
of  man,  it  is  well  nigh  impossible  that  parents  could  be 
guilty  in  this  respect  towards  their  children  and,  there- 
fore, no  restrictions  should  be  placed  upon  the  teaching 
of  religious  belief  by  parents  to  their  children.  And, 
by  others  than  parents,  when  not  for  pay,  restrictions 
should  apply  only  to  such  teachings  as  are  extremely  gross 
and  immoral;  as,  for  instance,  teaching  a  girl  that  it  is  a 
religious  duty  to  submit  to  shameful  and  unmentionable 
things. 

Sec.  109.  Children  should  not  be  expected  to  starve 
merely  because  their  parents  are  unable  (or  unwilling  if 
you  please)  to  properly  provide  for  them.  If  they  have 
a  right  to  live  they  have  a  right  to  what  is  necessary  in 
order  to  live  until  they  are  able  to  provide  such  things  for 
themselves. 

The  payments  by  the  state  to  children  should  be  made 
to  the  mother  rather  than  to  the  father,  where  there  is 
any  choice,  because  it  is  not  right  that  the  mother,  who  is 
the  natural  buyer  for  the  child,  should  be  required  by  the 
state  to  beg  of  the  father  for  such  allowances  as  may  be 
necessary. 

Sec.  110.  Barbarians,  it  is  said,  make  their  women  do 
the  work  and  let  the  men  simply  do  the  hunting  and  fight- 
ing. I  doubt  this,  and  I  have  dwelt  among  them  to  some 
extent,  but,  granting  it  is  true,  and  granting  this  to  be 
the  standard  by  which  to  measure  the  barbarism  of  a  peo- 
ple, are  we  not  the  most  barbarous  people  of  any  age  in 
recorded  history?  Go  through  any  city  in  the  United 
States  and  behold  our  barbarism  on  all  sides.  In  all  the 
large  stores,  in  all  the  offices,  in  nearly  all  the  mills  (behold 
the  cotton,  woolen  and  silk  mills  of  New  England  and  the 
Middle  and  Southern  states)  and  factories — women,  chil- 
dren and  women  everywhere.     Nor  do  we  even  draw  the 


90  The    Anarchist    Constitution. 

line  at  manual  labor  in  the  field,  for  no  one  has  ever  trav- 
eled through  any  considerable  part  of  Xew  England,  the 
middle  or  even  the  Southern  (where  idle  niggers  are  al- 
ways plentiful)  states  without  beholding  the  disgraceful 
sight  of  women  in  the  broiling  sun  of  mid-day  laboring  for 
a  pittance  of  next  to  nothing  side  by  side  with  men,  hoe- 
ing potatoes,  harvesting  hay  or  picking  hops  or  cotton  for 
a  crust  of  bread !  Such  a  sight  to  an  anarchist  is  like  a  red 
flag  in  a  bull's  face  and  sometimes  (unfortunately)  drives 
him  to  desperation  as  does  the  cloak  of  a  matador  a  bull 
in  a  bull-fight.  Was  not  the  act  of  Czolgosz  desperation 
pure  and  simple?  It  was  unfortunate,  perhaps;  though 
McKinley  was  a  bad  President.  Desperation  is  almost  in- 
variably folly  where  cool,  calculating  and  determined 
fighting  is  required.  But  anarchists,  like  others,  some- 
times lack  the  self-control  of  a  trained  fighter.  Neverthe- 
less it  is  the  system  they  fight;  not  the  individuals  who 
execute  it. 

Sec.  111.  Each  state  should  have  a  board  of  inquiry  in 
each  town  or  city,  composed  of  men  of  the  greatest  integ- 
rity, to  determine  in  the  first  instance  what  men  are  un- 
able to  earn  a  comfortable  living.  For  incapable  men,  like 
children,  are  as  much  entitled  as  a  matter  of  right  to  that 
which  is  necessary  to  life  as  they  are  to  life  itself.  The 
judgment  of  such  board,  or  of  the  governing  body  of  the 
town  or  city  if  there  be  no  such  board,  would  not  be  final 
for  any  applicant  unjustly  treated  at  their  hands  could, 
of  course,  file  a  complaint  against  any  member  of  the 
board  for  voting  against  his  just  claim,  and  have  it  de- 
termined by  a  jury.  And  if  the  members  of  the  board 
refused  to  acquaint  him  with  the  names  of  those  at  whose 
hands  he  received  injustice  he  could  file  a  complaint 
against  any  so  refusing,  for  robbing  him  of  his  right  of 
opportunity  to  have  the  matter  finally  adjudicated.  And, 
on  the  other  hand,  if  the  board  allowed  those  not  entitled 
to  it  to  be  classed  by  them  as  entitled  to  the  })ay  of  an  in- 
capable they  would  be  infringing  upon  the  rights  of  the 


The   Anarchist    Constittttign.  91 

community.  If  the  state  did  not  deem  it  proper  or  ad^ 
visable  to  establish  such  boards  each  town  or  city  could 
establish  one  of  its  own. 

Sec.  114.  Corporations  are  based  upon  fiction.  Fic- 
tion is  repugnant  to  truth  and  justice.  Whatever  is  re- 
pugnant to  truth  and  justice  is  repugnant  to  anarchy. 

The  existence  of  but  one  corporation  in  the  country 
(that  is  a  private  one,  or  one  for  profit)  however  small  it 
might  be  to-day,  if  never  interfered  with,  would  eventually 
in  future  ages  inevitably  lead  to  absolute  slavery. 

Justice  Field  in  his  oration  delivered  at  the  centennial 
celebration  of  the  Supreme  Court  of  the  United  States  in 
New  York,  in  1890,  stated  that  four-fifths  of  the  wealth 
of  the  country  was  then  held  by  corporations.  Corpora- 
tions were  then  comparatively  insignificant  when  they  only 
owned  four-fifths  of  all  the  wealth. 

It  is  easier  to  fight  slavery  before  being  enslaved  than 
afterwards. 

Sec.  115.  A  franchise  is  an  exclusive  right,  special 
privilege — favoritism.  If  all  men's  rights  are  equal  how 
can  franchises  be  defended  from  any  standpoint  ?  I  main- 
tain that  all  men's  rights  are  equal,  and  that  no  man  can 
be  robbed  of  his  right  though  he  may  be  robbed  of  his 
power  to  exercise  his  rights. 

Sec.  116.  As  all  of  these  contingencies  are  provided 
against  under  the  Anarchist  Constitution,  swindling,  or 
an  attempt  to  acquire  wealth  which  one  has  not  produced, 
could  be  the  only  motive  for  such  contracts.  Of  course 
such  contracts  are  to-day  a  necessity,  and  under  the  pres- 
ent system,  such  restrictions  would  be  fiendish.  This  re- 
striction does  not  prevent  insurance  against  loss  of  prop- 
erty by  fire  or  other  catastrophe,  though  such  insurance 
ought  to  be  carried  only  by  the  state  or  nation. 

Sec.  117.  Deceased  persons  are  buried,  not  for  the 
benefit  of  such  persons  nor  for  the  benefit  of  their  immedi- 
ate family  or  relatives,  but  for  the  benefit  of  the  commu- 


92  The    Anarchist    Constitution. 

nity  at  large.     Therefore^  the  community  at  large  should 
bear  the  burden  thereof. 

Sec.  118.  The  value  of  land  is  created  by  the  growth 
of  the  community  roundabout  and  belongs  inalienably  to 
the  community.  No  one  man  alone  can  give  any  value 
to  land,  and  therefore,  should  not  be  permitted  to  appro- 
priate to  his  own  use  that  value.  How  much  value  could 
any  land  have  with  only  one  man  in  the  vicinity,  let  him 
be  a  man  of  such  genius  as  no  living  man  ever  had  before  ? 
How  did  any  man  ever  acquire  an  honest  title  to  land  ?  By 
investing  his  capital  in  it,  some  say,  and  no  one  ever  at- 
tempts to  give  any  other  excuse  for  his  laying  claim  to 
title  in  land.  That  might  give  him  title  to  something  in 
which  private  property  might  be  had,  such  as  the  product 
of  labor,  provided  he  bought  it  from  some  one  who 
could  convey  an  honest  title.  But  if  he  did 
not  buy  it  from  some  one  who  could  convey  an 
honest  title,  no  honest  title  can  vest  and,  there- 
fore, he  cannot  convey  an  honest  title  to  a  sub- 
sequent purchaser.  The  case  was  about  the  same  with  the 
slaves  in  this  country  less  than  half  a  century  ago,  and 
the  only  argument  ever  used  in  support  of  the  private 
ownership  (not  private  possession,  as  no  one  objects  to 
that)  of  land  was  used  with  equal  force  in  support  of  the 
ownership  of  slaves.  Do  we  advocate  the  confiscation 
of  land?  Confiscation  NOTHING!  We  advocate  taking 
our  oivn  land  only,  and  do  not  advocate  confiscating  any- 
thing whatsoever  that  does  not  belong  to  us.  Did  Abra- 
ham Lincoln  (  a  fair  patcher,  but  a  poor  tailor)  and  his 
abolitionist  friends  advocate  confiscation  of  the  slaves,  as 
the  Southern  slave  "owners"  termed  it?  No,  they  advo- 
cated no  confiscation  but  merely  liberation  of  those  who 
had  a  EIGHT  to  be  liberated,  even  thougli  some  poor 
widow  (as  the  wails  of  lawful  thieves  are  generally  handed 
out  to  us)  lost  all  her  "property" — a  $1,200  slave  or  two. 
And  then  to  show  they  had  a  little  horse  sense  and  didn't 
worry  themselves  at  night  over  the  plaintive  wails  of  those 


The    Anarchist    Constitutiok.  93 

who  lost  what  they  never  owned  they  adopted  th«  four- 
teenth amendment  to  the  United  States  constitution,  in 
part  as  follows; 

"The  validity  of  the  public  debt  of  the  United  States^ 
authorized  by  law,  including  debts  incurred  for  payment 
of  pensions  and  bounties  for  services  in  suppressing  in- 
surrection or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States,  nor  any  state,  shall  assume  or 
pay  any  debt  or  obligation  incurred  in  aid  of  insurrection 
or  rebellion  against  the  United  States,  OR  ANY  CLAIM 
FOR  THE  LOSS  OR  EMANCIPATION  OF  ANY 
SLAVE;  but  all  such  debts,  obligations  and  claims  shall 
be  illegal  and  void." 

Now,  as  an  honest  title  cannot  be  derived  (or  bought) 
from  a  dishonest  claim  to  a  title,  and  the  present  claim 
of  title  to  land  can  be  no  better  than  the  preceding  ones 
which  alone  were  conveyed,  if  the  original  title  was  no 
title  at  all,  but  only  a  dishonest  claim  to  one,  the  present 
claim  to  title  can  be  no  better  than  the  original  one.  Sup- 
pose that  fifty  years  ago  the  legislature  of  California,  being 
composed  of  adventurers  who  came  west  in  quest  of  gold, 
and  found  it  more  easily  acquired  in  the  halls  of  the  state 
capitol  than  in  the  mountains,  had  ceded  or  "granted"  to 
John  Doe  all  the  springs,  streams,  lakes,  etc.,  from  which 
drinking  water  could  ever  be  obtained  (  or  all  but  one  lit- 
tle inaccessible  spring  off  up  in  the  mountains  some- 
where) to  have  and  to  hold  for  himself,  his  heirs  and  as- 
signs forever,  and  it  was  handed  out  to  the  people  that 
such  cession  or  grant  was  necessary  "to  encourage  capi- 
tal" to  handle  the  people's  water  supply  (  capital  doesn't 
often  require  much  encouragement  to  handle  what  the 
people  cannot  get  along  without)  and  John  Doe  held  every 
man,  woman  and  child  in  California  who  ever  wanted  to 
drink  water  in  bondage,  taxing  them  as  much  in  the  way 
of  tribute  for  the  privilege  of  drinking  (  he  held  the  fran- 
chise) as  his  own  sweet  will  might  dictate  while  he  lived 
on  the  fat  of  the  land  in  idleness  leaving  only  to  the  peo- 


§4  The   Anarchist    Constitution. 

pie  who  drink  water  a  bare  subsistence  out  of  the  nntold 
wealth  they  produce.  And  John  Doe,  the  original  grantee 
of  the  state's  water  suppl}^,  died  and  little  John,  or  "young 
John"  as  he  is  now  called,  feels  that  he  is  not  getting  quite 
enough  of  the  state's  enormous  production  of  wealth,  and 
he  squeezes  you  and  me  (provided  we  ever  want  to  drink 
water)  still  harder  than  his  father  ever  did  before  him 
until,  however  much  wealth  we  produce  for  him,  neither 
you  nor  I  can  take  a  wife  and  have  more  than  a  crust  of 
bread  to  sustain  her  life,  in  addition  to  sustaining  our  own 
lives.  John  can  keep  her  as  a  concubine  (provided  she 
ever  wants  to  drink  water)  and  thousands  more  with  her 
without  them  being  any  burden  on  him.  Would  we  (you 
and  I)  say  John  has  title  to  all  the  sources  of  water  sup- 
ply and  we  cannot  confiscate  his  "property?"  No  (not  I), 
we  (or,  at  least,  I)  would  say  water,  like  land,  is  a  natural 
element  the  title  to  which  vests  in  the  communit}^  as  a 
whole  and  is  inalienable.  Eepresentatives  of  the  people 
are  not  the  people  (Abraham  Lincoln's  opinion  to  the  con- 
trary, notwithstanding),  but  only  agents,  and  the  agency 
is  limited.  They  can  only  do  as  agents  such  acts  as  come 
within  the  agency.  An  agent  of  a  man  holding  what  is 
known  to  the  common  law  (that  is  the  old  English  ar- 
chives) as  an  estate  tail  (life  interest  only  in  land)  could 
not  convey  an  estate  in  fee  simple  (that  is  absolute  title 
in  perpetuity).  So,  even  if  all  the  people  of  fifty  years 
ago  had  EXPEESSLY  authorized  the  legislature  to  cede 
or  grant  a  title  in  perpetuity  to  all  the  sources  of  water 
supply  (or  land  either),  or  any  part  of  the  same,  to  John 
Doe  they  could  not  even  then  convey  an  honest  title  in 
perpetuity;  or  even  one  to  be  valid  or  binding  in  justice, 
law  or  morality  after  the  next  birth  within  the  state,  l^or 
each  generation  lias  only  a  life  interest  in  the  natural  ele- 
ments and  any  title  to  land  or  water,  or  any  of  the  natural 
elements,  or  any  part  of  the  same,  to  have  any  color  of  va- 
lidity would  have  to  ])e  given  and  re-given  l)y  express  au- 
thorization by  ALT^  the  people  born  since  the  last  previous 


The   Anarchist    Constitution.  95 

conveyance  at  intervals  so  frequent  as  to  be  almost  inces- 
sant. Imagine,  if  you  can,  one  generation  to  die  all  at  one 
time  and  be  succeeded  by  a  new  generation  just  springing 
into  being.  Could  the  dying  generation  (by  express  au- 
thorization of  every  one  of  them  if  you  please)  say  that 
some  particular  individual,  John  Doe  for  instance,  of  the 
new  generation  should  have  "title"  to,  and  "property"  in 
all,  or  any  part,  of  the  natural  elements,  which  no  man  or 
any  class  of  men,  nor  even  all  men,  have  created,  and  that 
the  said  John  Doe  should  have  the  RIGHT  to  levy  tribute 
on  all  the  rest  of  the  new  generation  for  the  use  of  such 
natural  elements? 

Some  people  say  it  is  a  matter  of  little  consequence  as 
but  few  people  wish  to  till  the  soil.  I  say  it  is  a  matter  of 
vital  consequence  to  the  welfare  of  society,  and  the  in- 
dividual members  of  society  as  well,  that  the  community 
take  ITS  (not  the  landlords')  land.  It  is  not  farm  land 
in  particular  that  is  referred  to,  but  ALL  land.  Every  hu- 
man being  must  use  land  in  order  to  live,  just  as  much  as 
water,  I  am  using  land  as  I  write  this  book,  and  pay 
tribute  (and  plenty  of  it)  for  the  land  over  which  I  sit. 
If  that  tribute  went  to  the  community  as  a  whole  it  would 
then  cease  to  be  tribute  but  merely  the  price  to  the  com- 
munity for  the  special  privilege  to  monopolize  the  use  of 
it.  If  the  actual  hona  fide  owner  of  the  land  (the 
community)  grants  me  such  privilege  to  monopolize  the 
use  of  it  for  a  consideration,  such  consideration  is  only  a 
price,  and  if  the  consideration  is  no  more  nor  no  less  than 
others  are  willing  to  give  for  the  same  privilege,  only  a  fair 
price.  But  when  a  usurper  who  doesn't  own  the  land  any 
more  than  I  do  bleeds  me  for  the  value  of  such  special 
privilege  to  use  the  land,  and  takes  from  me  for  HIS  OWN" 
use  the  value  of  such  privilege  it  then  becomes  tribute  pure 
and  simple,  the  same  as  Algiers  used  to  levy  upon  American 
and  other  commerce  about  a  century  ago  for  the  privilege 
of  being  allowed  to  use  the  Mediterranean  Sea  until  our 
Commodore  Decatur  went  over  there  and  licked  the  right 


96  The   Anabchist    Constitution. 

to  levy  tribute  (or  sea  rent)  out  of  them.  Though  now 
a  century  old,  we  haven't  forgotten  our  national  motto: 
"Millions  for  defense,  but  not  one  cent  for  tribute.'' 

It  should  be  clear  to  the  least  thoughtful  that  the 
natural  elements  belong  to  each  succeeding  generation  for 
life  onty,  and  that  the  title  of  the  community  thereto  is 
inalienable.  The  use,  too,  which  can  neither  enhance  nor 
depreciate  them,  goes  with  the  title  for  life  only,  and  be- 
longs, just  as  inalienably,  to  the  community  as  a  whole. 
But  if  there  be  any  who  still  have  any  doubts  on  this  sub- 
ject he  should  read  Henry  George's  "Progress  and  Pov- 
erty." 

Sec.  119.  Duties  are  a  mere  barrier  to  the  economic 
production  and  distribution  of  wealth,  and  why  a  barrier 
should  be  placed  by  ourselves  between  us  and  what  we 
want  as  though  we  might  get  too  much  of  what  we  want 
is  an  absurdity  I  never  could  understand.  But  if  it  is 
desired  to  keep  foreign  produced  wealth  out  of  our  reach 
for  fear  it  might  hurt  us  this  purpose  would  be  just  as 
well  served  by  simply  saying  that  foreign  cargoes  must  sail 
one  hundred  and  one  times  around  the  world  before  en- 
tering the  country,  or  prohibiting  importation  altogether. 
Then  we  could  have  the  pleasure,  if  pleasure  it  be,  of  pro- 
ducing ourselves  what  we  need  of  everything  we  need,  as  it 
was  said  in  the  first  chapter  of  this  book  was  the  custom 
with  John  Doe. 

Sec.  121.  As  none  of  the  people  can  get  away  from 
the  necessity  of  using  land  as  long  as  they  remain  on  earth, 
and  all  the  land  belongs  to  the  community,  there  is  no 
limit  to  the  taxing  powers  of  the  community  under  the 
provisions  of  this  section.  The  only  proper  way  of  leas- 
ing the  community's  land  is  to  the  highest  bidder  with  a 
slight  preference  given  to  the  last  tenant  to  avoid  the 
necessity  of  frequent  and  unpleasant  changes.  I  should 
think  it  would  be  highly  improper  and  beneath  the  impar- 
tiality and  dignity  becoming  to  a  state  to  lease  the  land  out 
by  means  of  SECRET  bids,  but  this  is  properly  a  matter 


The   Anarchist    Constitution.  97 

of  local  regulation.  In  case  of  a  change  of  tenants  the 
new  tenant  should  also  be  required  to  buy,  and  pay  a  fair 
price  for,  all  fixed  improvements  that  do  not  belong  to  the 
community.  But  the  regulation  of  such  matters  is  also 
properly  a  local  one. 

If  the  community  carries  on  any  very  great  volume  of 
business  it  could,  with  a  less  percentage  of  profit  than  the 
people  are  now  burdened  with,  have  ample  revenue  with- 
out any  taxation  on  leases.  Or  if  it  prefers  to  get  its  rev- 
enue, or  make  good  any  deficit  therein,  by  taxation  on 
leases  the  saving  to  the  people  by  an  opportunity  to  buy 
what  they  want  without  profit  would  be  greater  than  such 
taxation  could  amount  to. 

Sec.  122.  There  is  no  reason  why  we  should  leave  the 
management  of  our  national  affairs  entirely  in  the  hands 
of  any  one  man  any  part  of  the  time  when  we  well  know 
it  is  not  safe  to  do  it  all  the  time. 

Sec.  125.  When  the  Vice-President  becomes  Presi- 
dent, the  President  of  the  Senate,  elected  by  the  Senate, 
becomes  Vice-President  of  the  United  States,  ex-officio,  for 
the  remainder  of  the  unexpired  term. 

Sec.  128.  The  only  material  advantage  of  having  Con- 
gress divided  into  two  branches  is  to  have  one  house  a  train- 
ing school  for  the  other,  which  other  is,  of  course,  expected 
to  be  composed  only  of  more  experienced  men.  The  pres- 
ent plan  of  having  the  terms  of  only  one-third  the  senators 
expire  at  a  time  would,  of  course,  be  continued  as  apply- 
ing to  Congress  as  a  whole. 

Sec.  133.  That  is  to  say  an  appointment  by  the  legis- 
lature need  not  be  approved  by  the  Governor,  as  in  the 
case  of  a  bill. 

Sec.  135.  Practically  the  same  as  at  present,  though 
the  President  must  approve  or  disapprove  a  bill.  He  can 
not  treat  it  with  silent  contempt  and  let  it  become  law  in 
such  shameful  or  neglectful  manner. 

Sec.  142.  And,  as  elsewhere  provided,  the  term  of 
office  of  a  representative  is  not  prolonged  by  being  ad- 


98  The   Anarchist    Constitution. 

vanced  to  a  seat  in  the  senate  for  a  part  of  his  term.  The 
only  objection  there  might  be  to  this  system  is  ahnost  too 
slight  to  be  mentioned  and  greatly  overbalanced  by  the 
advantages.  It  is  that  a  considerable  majority  in  the  lower 
house  favoring  a  particular  policy  might  elect  to  the 
senate  only  those  favoring  such  policy  and  turn  a  minor- 
ity in  the  upper  house  into  a  majority  there  as  well.  But 
unless  the  minority  in  the  upper  house  was  almost  equal 
to  a  majority,  and  the  majority  in  the  lower  house  a  big 
one  such  a  policy  would  wipe  out  the  majority  in  the  lower 
house ;  or,  if  not  quite,  the  next  election,  within  two  years, 
should  if  the  policy  of  the  majority  did  not  meet  with  the 
approval  of  the  people.  No  system  that  we,  in  our  present 
stage  of  intellectual  development,  can  devise  can  be  abso- 
lutely perfect,  but  the  weakness  in  this  respect  is  not  great. 
And  the  advance  of  a  generation  or  two  in  intellectual  de- 
velopment under  anarchy  would  be  so  great  that  any  pos- 
sible weakness  in  this  or  other  respect  would  then  be  easily 
remedied. 

I  should  think  it  ought  to  be  the  unwritten  law  of  Con- 
gress, when  a  vacancy  occurs  in  the  senate,  to  elect  as  sena- 
tor a  representative  who  has  previously  served  in  the  sen- 
ate, if  any  such  there  be,  before  considering  the  election 
of  any  other.    But  this  is  a  matter  for  Congress. 

Sec.  148.  And  it  shall  not  require  a  majority  of  all 
votes  cast. 

Sec.  159.  And  exclusive  power  to  coin  money  and 
regulate  its  value  carries  with  it  power  to  regulate  matters 
pertaining  to  circulating  medium  of  exchange  in  general. 
The  medium  of  exchange  need  not  be  gold  and  silver.  It 
may  be  either  or  both,  or  neither.  It  may  be  a  given 
amount  of  liquefied  air  or  a  promise  written  on  paper 
to  supply  at  a  given  place  or  places  a  stated  amount 
of  unskilled  labor  or  a  stated  amount  of  railroad  or 
other  transportation.  Or  it  may  be  merely  chunks  of  alloy 
metal  made  by  a  secret  or  difficult  process  which  only  the 
federal  government  is  able  to  produce.     Whatever  it  is. 


The   Anarchist    Constitution.  99 

so  far  as  we  are  able  to  judge  from  present  con- 
ditions, it  ought  not  to  be  changed  often,  but  I  believe 
there  are  many  things  that  would  be  better  than  gold  or 
silver.  However,  it  is  not  a  matter  of  greatest  importance 
and  we  should  bear  in  mind  that  money  in  our  social  rela- 
tions is  only  what  chips  are  in  a  game  of  poker — mere 
counters.     Not  wealth,  which  it  represents. 

Sec.  169.  The  Postmaster  General  should  not  properly 
be  a  cabinet  officer,  but  a  business  manager  answerable  di- 
rectly to  Congress  and  to  Congress  only,  or  else  to  Con- 
gress through  the  President,  with  the  President,  in  such 
cases,  acting  in  the  capacity  of  a  general  manager  for  Con- 
gress, having  supervision  over  such  business  managers  in 
the  first  instance,  but  not  ultimately.  He  (the  Postmaster 
General)  is  left  in  the  cabinet  merely  from  reluctance  to 
make  unnecessary  changes. 

Sec.  171.  Some  people  profess  to  wonder  why  it  w^as 
McKinley  that  Czolgosz  shot.  I  do  not  excuse  the  act. 
I  admit  it  was  probably  wrong,  and  such  acts  are  a  mis- 
taken policy,  I  think.  It  was  the  desperate  act  of  a  man  who 
lacked  the  knowledge  necessary  for  a  proper  method  of 
fighting  for  the  rights  of  man,  but  who  was  determined 
to  fight  nevertheless.  But  if  a  man  who  knows  not  how 
to  fight  in  a  proper  and  effective  way  for  the  liberation  of 
his  enslaved  fellow  beings  determines  to  kill  (anarchists 
as  such,  don^t  kill  people  any  more  than  Christians  or  Ee- 
publicans),  such  as  may  be  most  responsible  and  blame- 
worthy for  the  enslaving  conditions  that  exist,  what  is 
more  natural  than  that  the  President  should  be  consid- 
ered as  such?  Undoubtedly  Czolgosz  considered  that  Mc- 
Eanley,  more  than  any  other  one  man,  was  most  responsible 
and  blameworthy  for  the  systemized  robbery  which  makes 
it  impossible  for  75  per  cent  of  the  men  under  the  age  of 
twenty-five  years,  and  perhaps  the  majority  of  all  men,  to 
marry  and  lead  a  moral  life.  To  this  extent  I  agree  with 
him.  Some  people  say  to  me :  "Don't  you  know  that  the 
President  of  our   country,   unlike  kings,   has  very  little 


100  The   Anarchist    Constitution. 

power,  and  is  unable  to  change  matters  ?"  I  say  if  I  don't 
know  just  the  contrary  I  ought  to.  The  veto  power  is  not 
the  only,  nor  the  greatest  power  that  the  President  can 
and  does  wield.  Political  "influence" — a  most  powerful 
factor — and  the  office  of  Commander  in  Chief  of  the  army 
and  navy  laid  aside,  and  ignored,  the  single  prerogative 
and  duty  of  sending  to  Congress  once  a  year  what  is 
termed  the  President's  "message,"  in  which  he  gives  in- 
formation of  the  state  of  affairs  in  general  and  recom- 
mends to  the  consideration  of  the  Congress  such  measures 
as  should  be  considered,  is  alone  greater  than  the  veto 
power.  It  is  his  duty  to  make  a  close  study  of  economics 
and  general  conditions,  and,  even  if  he  is  held  to  be  too 
busy  a  man — which  is  not  the  case — to  make  a  thorough 
study  of  such  subjects,  or  an  officer  of  too  exalted  a  dignity 
to  consider  the  misfortunes  of  the  victims  of  our  social 
injustice,  the  least  thoughtful  could  not  be  blind  to  the 
causes  of  the  frightful  poverty  and  consequent  misery, 
crime  and  degradation  of  the  people.  A  President  can 
not  get  to  be  President  without  being  made  acquainted 
with  the  system  by  means  of  which  the  very  life  blood  is 
drawn  from  the  people.  A  study  of  Blackstone  alone 
will  reveal  it  to  the  densest  intellect,  and  every  lawyer 
has  had  to  make  such  a  study.  A  single  message  from  a 
single  President  would,  if  an  honest  and  fearless  attempt 
were  made  therein  to  face  conditions  as  they  exist,  cause 
such  a  public  commotion  and  universal  demand  that  Con- 
gress would  be  compelled  to  take  radical  action.  The 
President,  more  than  any  other  one  man  (barring  J.  Pier- 
pont  Morgan)  in  the  country,  could  accomplish  such  results 
as  would  reduce  the  present  robbery  of  the  many  poor  by 
the  few  very  rich  at  least  by  half.  And  it  is  his  duty  more 
than  that  of  any  other  one  man  in  the  country  (not  barring 
anybody  this  time). 

But  again,  I  repeat,  and  would  like  to  have  it  well  under- 
stood as  my  firm  conviction,  that,  aside  from  the  right  and 
wrong  of  the  thing,   I,  as  well  as  nearly  all  other  an- 


The    Anarchist    Constitution.  lOl 

archists,  am  strongly  opposed  to  the  murder  of  Presi- 
dents (and  other  despots)  as  a  means  of  obtaining  justice. 
If  a  dozen  successive  Presidents  were  murdered  in  a  single 
day  a  thousand  would  be  ready  to  take  the  office  the  next 
day,  and  Wall  street  would  name  every  last  one  of  them! 
Sec.  172.  That  is,  two  years  after  the  adoption  of  this 
constitution,  and  permanently  thereafter,  no  person  can 
ever  serve  in  a  supreme  court  who  has  not  served  as  ad- 
viser at  least  one  year  without  a  vote  of  censure,  if  there 
are  enough  such  to  draw  upon.  Could  any  recommenda- 
tion be  better? 

Sec.  173.  The  same  applies  to  tne  United  States 
supreme  court  justices,  and  this  does  not  interfere  with  the 
provision  regarding  officers  serving  out  the  term  for  which 
they  were  elected  as  supreme  court  justices,  have  no  term 
of  office  and  are  not  elected  by  the  people — perhaps  not  an 
important  requisite  in  the  century  before  the  last  when  our 
present  constitution  was  adopted,  nor  would  it  be  under  the 
Anarchist  Constitution,  after  the  end  of  two  years,  for 
the  qualification  then  is  a  better  recommendation  than  an 
election. 

Sec.  176.  We  want  no  territory  added  to  the  United 
States  like  the  Philippines  were. 

Sec.  177.  It  is  the  duty  of  each  state  to  attend  to  its 
own  trifling  alfairs.  The  present  system  of  calling  on  the 
federal  troops  for  the  suppression  of  a  little  strike  is  un- 
called for. 

Sec.  179.  In  regard  to  getting  rid  of  our  obnoxious 
corporations,  the  same  old  howl  about  "confiscation"  is 
invariably  handed  out  to  us.  Once  more  it  should  be  firmly 
reiterated  that  in  the  Anarchist  Constitution  there  is  no 
such  thing  known  as  confiscation.  It  is,  and  always  has 
been,  the  arbitrary  power  (I  do  not  say  right,  though  it  is 
known  to  the  law  as  such)  of  govermnents  to  recognize 
or  not  to  recognize  such  claims  of  ownership  of  property 
as  might  seem  just  or  unjust,  as  the  case  may  be,  and  that 
under  such  conditions  as  the  people  or  their  government 


102  The   Anarchist    Constitution. 

see  fit  to  impose.  Anarchists  neither  undertake  to  enlarge 
nor  diminish  this  arbitrary  power  (or  right,  if  you  call  it 
such)  of  government,  nor  do  they  even  so  much  as  recom- 
mend that  this  power  be  taken  advantage  of  to  the  detri- 
ment of  those  who  own  stock  in  corporations  or  any  prop- 
erty in  any  other  form.  They  only  say  that  such  property 
shall  not  be  held  in  such  a  manner  as  to  be  detrimental 
to  the  welfare  of  society,  as  it  always  is  when  in  the  form 
of  corporation  stock.  They  say  that  the  owners  of  such 
property  may  either  sell  it  to  the  government  or  dissolve 
their  corporation  and  divide  up  the  property  among  the 
owners  thereof.  Their  corporation  will  be  dissolved  any 
way  by  the  adoption  of  this  constitution,  but  this  is  no 
assumption  of  power  not  before  possessed,  as  every  state 
retains  the  power  to  dissolve  all  corporations  it  has  created. 
There  is  no  more  confiscation  about  this  than  there  is  in 
taking  part  of  a  farm,  even  though  the  farmhouse  must 
be  demolished  or  removed,  for  a  railroad,  and  paying 
therefor  such  value  as  it  may  be  appraised  at;  which  Mr. 
J.  Pierpont  Morgan  thinks  as  justifiable  as  do  I  the  dis- 
solution of  all  corporations. 

Seo.  182.  Clearly  against  any  confiscation,  is  it  not? 
Of  course,  land  is  not  property,  and  can  not  be  any  more 
than  air  or  water,  being  one  of  the  natural  elements,  and 
just  as  devoid  of  any  possibility  of  having  any  value  at- 
tached to  it.  Any  so-called  value  of  land  is  clearly  the 
value  of  its  location  only  or  the  value  of  having  a  commu- 
nity in  close  proximity.  The  location  of  air  may  have 
the  same  value.  Of  course,  improvements  on  land,  being 
the  product  of  labor,  are  property. 

Sec.  184.  But  in  the  constitution  of  each  town  and 
city  establishing  petit  courts  great  care  should  be  taken  to 
safeguard  the  interests  of  justice  and  proper  provision 
made  for  appeals  to  the  governing  body. 

Sec.  185.  For  instance,  if  a  member  of  the  bail  board 
should,  in  a  trifling  case,  endorse  as  his  judgment  of  a 
proper  amount  of  bail  a  very  large  sum,  he  would  be  sub- 


The    Anarchist    Constitution.  103 

ject  to  action  by  the  party  aggrieved.  And,  if  any  jurorj 
in  a  trifling  case,  should  vote  for  what  is  clearly  and  un- 
questionably a  very  great  fine  or  very  excessive  punish- 
ment, he  would  likewise  be  subject  to  action.  But  no  at- 
torney should  be  permitted  to  harp  on  this  in  any  attempt 
to  menace  the  jujy.  In  fact,  it  should  not  be  permitted 
to  be  mentioned  at  all,  as  every  juror  should  be  familiar 
with  the  constitution,  in  which  case  it  is  not  for  an  attor- 
ney to  remind  jurors  of  such  liability. 

Sec.  186.  It  is  not  sufficient  to  merely  publish  the 
ostensible  object  of  the  legislation.  The  people  are  entitled 
to  the  full  text  without  its  being  hidden  away  in  law  books 
where  they  never  will  see  it.  We  do  not  want  an  infinite 
amount  of  legislation  that  a  Philadelphia  lawyer  could 
not  wade  through  in  a  life  time.  We  only  want  just  as 
much  as  is  absolutely  necessary,  and  no  more.  Such 
amount  can  easily  be  published  in  full  text  in  every  news- 
paper throughout  the  land  and  never  take  up  as  much 
space  in  any  paper  as  an  ordinary  department  store  now 
has  for  an  every-day  advertisement. 

Secs.  189-191.  "Eelease  from  all  marital  obligations" 
and  "divorce"  are  synonymous. 

Sec.  192.  Sunday  is  named  as  the  day  for  a  weekly 
holiday  merely  because  such  is  already  the  prevailing 
custom. 

Sec.  196.  Conferring  power  of  pardon  is  not  for  the 
sake  of  favoring  certain  high  officials  or  giving  them  undue 
power,  though  it  may  seen  to  some  to  have  such  appearance. 
It  is  the  source  of  some  injustice,  I  admit,  but  the  benefit 
should  outweigh  the  evil  under  the  Anarchist  Constitution ; 
though  I  do  not  think  such  has  been  the  case  heretofore. 
The  object  of  the  pardoning  power  is  to  grant  speedy  re- 
lief where  a  man  has  been  convicted,  but  it  subsequently 
becomes  clearly  evident  he  was  unjustly  convicted,  or 
future  events  bring  forth  evidence  which  shows  he  could 
not  have  been  guilty.  In  such  cases,  and  they  are  numer- 
ous, it  may  be  an  easy  matter  to  satisfy  a  single  man  and 


104  The    Anarchist    Constitution. 

still  be  a  difficult  matter  to  obtain  a  new  and  speedy  trial. 

Sec.  198.  And  of  course  this  includes  power  to  im- 
peach a  justice  of  the  United  States  supreme  court.  Nor 
would  the  supreme  court  be  able  to  pass  judgment  on  the 
case  on  appeal^  as  Congress  is  above  the  supreme  court  in 
all  things  except  interpretation  of  legislation,  and  the 
judgments  of  the  senate  on  impeachments  are  final. 

Sec.  201.  But  this  is  only  the  judgment  on  impeach- 
ment. Of  course  an  impeachment  shall  not  take  the  place 
of  a  trial  of  a  complaint  against  the  person  impeached. 
Impeachment  is  an  extrajudicial  affair  and  in  no  way  con- 
nected with  the  trial  of  a  complaint  to  which  all  persons 
alike  are  liable. 

Sec.  203.  Justice  should  be  free  to  the  individual  at 
the  expense  of  the  community  which  he  helps  to  support 
and  which  holds  him  to  account  for  his  actions.  In  crim- 
inal cases  especially  our  present  system  is  most  fiendish. 
A  man,  more  often  innocent  than  guilty,  is  charged  with 
having  committed  some  crime.  The  state  pays  an  attorney 
for  the  sole  purpose  of  endeavoring  to  convict  every  man 
accused.  If  he  did  not  exert  his  best  energies  to  this  end 
his  pay  would  soon  cease.  If  a  multi-millionaire  (or  even 
a  cheap  John  hundred  thousand  dollar  fellow)  is  accused 
the  prosecuting  attorney  is  outclassed  by  an  array  of  legal 
talent — the  best  criminal  lawyers  the  world  can  produce — 
that  simply  makes  him  quake  at  the  knees.  His  battle  is 
lost  before  it  is  begun.  But  behold  the  poor  man  who 
has  some  enemy  who  charges  him  with  crime.  Or  per- 
haps it  may  be  only  some  ambitious  officer  anxious  for 
promotion  who  makes  the  accusation  because  he  can't  find 
any  one  else  to  accuse,  and  knows  that  policemen  are  paid 
to  round  up  people  for  accusation  and  wouldn't  get  paid 
for  it  long  if  they  never  found  any  one  to  accuse.  The 
defendant  can  employ  no  attorney  that  is  worth  his  salt, 
or  perhaps  none  at  all.  In  the  latter  case  the  "court"  as- 
signs him  some  law  student  just  admitted  to  tlie  bar  who 
has  never  had  a  case.    Or,  at  best — yes,  I  say  at  best — in  a 


The    Anarchist    Constitution.  105 

case  of  great  ^^rominence  the  court  assigns  some  "talent" 
of  distinction — for  the  sake  of  appearance — who  knows 
that  in  an  assigned  case  court  etiquette  and  proper  courtesy 
to  the  little  tin  god  called  "judge"  require  him  to  make  no 
defense;  as  in  the  case  of  Czolgosz,  the  most  disgraceful 
desertion  of  a  client  (from  a  legal  standpoint)  in  the  his- 
tory of  American  jurisprudence.    In  any  case  a  poor  man 
without  "influence"  or  "political  pull"  is  up  against  it 
and  invariably  railroaded  through.     Here   is   where  the 
prosecuting     attorney     shines     in     all     his     glory     to 
make  up  for  when  he  was  outclassed  by  the  invincible  ar- 
ray of  legal  talent  in  the  case  of  the  rich  defendant.    With 
diabolical  zeal  he  sets  to  work  to  win  back  his  laurels  and 
the  defendant  knows  as  much  about  the  procedure,  and 
understands  it  as  well,   as  did  a  defendant  when  trials 
were  all  carried  on  in  Latin;  as  was  the  case  formerly 
under  the  old  archives  of  England.      One  thing  he  does 
know.    He  got  the  worst  of  it,  though  he  doesn^t  know  how^ 
AND  BLAMES  IT  ONTO  THE  POOE  JURY,  never 
suspecting  that,  under  the  present  system,  ^ial  by  jury 
has  been  made  as  much  of  a  farce  as  our  present  "elec- 
tions."    And  much  less  suspecting  that  the  jury  had  to 
render  a  verdict  in  accordance,  not  with  the  law  and  the 
evidence,  but  in  accordance   with  that  part   of  the   law 
handed  out  to  the  jury  by  the  judge  as  the  law  applicable 
to  the  case.    There  is  such  an  infinite  amount  of  law  that 
no  living  man  could  know  what  the  law  is.    How  then  could 
the  jury — common  jurors — render  a  verdict  in  accordance 
with  the  law?    They  must  give  their  verdict  on  that  part 
of  it  that  the  judge  hands  out  to  them.    And  the  judge  can 
find  law  to  hand  out  on  either  side  of  any  possible  case; 
on  which  a  verdict  must  be  given  pretty  much  as  he  wants 
it  if  he  is  at  all  interested.       Was  there  ever  a  case  that 
the  lawj^ers  on  both  sides  could  not  quote  law  in  support 
of  their  contentions?     If  a  lawyer  on  either  side  of  any 
case  can  quote  law,  in  supoprt  of  his  contention,  can  not 
the  judge  do  likewise?    The  defendant  thinks  that  IN"  HIS 


106  The    Anarchist    Constitution. 

PAETICULAR  CASE  he  was  unfairly  treated,  little 
dreaming  that  every  case  is  a  particular  case  and,  in  the 
case  of  a  poor  man,  a  particular  case  of  just  about  the  same 
kind.  It's  useless  for  him  to  make  any  complaint.  No 
one  will  listen  to  him,  for  was  he  not  convicted  by  "a  jury 
of  his  peers"?  And,  while  every  man  after  the  particular 
case  strikes  him  thinks  it  is  an  outrage,  and  wonders  why 
people  tolerate  such  outrage,  before  that  time  he  has 
troubles  of  his  own  when  some  one  else  is  the  victim. 

I  say  a  man  is  entitled  to  FEEE  justice  (which  involves 
first-class  legal  services  in  his  defense  at  least  equal  to  the 
talent  opposed  to  him),  as  much  as  to  free  police  protec- 
tion. And  every  attorney  should  be  expected  to  take  every 
case  of  such  kind  which  comes  to  him,  if  possible,  as  much 
as  a  physician  medical  cases. 

Sec.  204.  There  are  proprietary  remedies,  no  doubt, 
which  are  a  blessing  to  humanity,  but  I  believe  there  are 
a  great  many  more  that  are  poisons  in  disguise  and  a  curse 
to  humanity.  And  the  people  who  have  occasion  to  buy 
such  remedies  can  not  tell  the  one  from  the  other.  People 
are  as  much  entitled  to  protection  against  poison  in  the 
guise  of  medicine  as  against  poisoned  food,  and  the  com- 
munity should  stamp  its  approval  or  disapproval  on  every 
medical  concoction  designed  for  indiscriminate  sale.  The 
town  or  city  where  it  is  put  up  should  investigate  it  and 
approve  or  disapprove  of  it.  The  state  and  nation  should 
do  likewise  upon  request. 

Sec.  205.  This  section  is  not  for  the  purpose  of  deny- 
ing to  others  the  same  improved  social  conditions  we  desire 
for  ourselves,  but  is  merely  a  NECESSARY  precaution 
against  possible  miscarriage  of  the  reforms  which  are  of 
vital  consequence  to  us.  Future  generations  will  probably 
remove  the  restrictions,  somewhat  arbitrary,  but  necessary 
in  this  generation. 

Sec.  212.  This  does  not  proliibit  the  employment  of 
such  as  are  necessary  to  carry  on  any  Ijusiness  undertaken 


The    Anarchist    Constitution.  107 

but   only   superfluous   officers   or   employes   or   those   not 
superfluous  at  more  than  a  fair  remuneration  for  services. 

The  second  paragraph  is,  I  think,  wholly  unnecessary  and 
a  mere  overabundance  of  caution.  If,  however,  there  should 
be  any  difficulty  for  a  man  to  get  an  opportunity  to  labor 
otherwise  under  anarchy,  this  provision  would  certainly 
insure  him  in  an}^  event  an  opportunity  to  labor  for  from 
one-third  less  than  to  one-half  more  than  jury  pay.  But 
the  object  is  not  to  force  people  to  farm  work  upon  state 
farms,  but  only  to  provide  opportunity  for  them  to  work 
thereon  when  they  have  not  other  opportunities  which  they 
prefer,  and,  therefore,  the  state  government  should  not  be 
allowed  by  the  people  to  refuse  to  lease  its  tillable  soil 
to  the  highest  bidders  for  the  use  of  the  same. 

Sec.  213.  This  applies  equally  to  public  and  private 
work.  This  regulation  is  necessary  i^rincipally  because, 
even  with  our  present  development  of  co-operative  produc- 
tion on  a  large  scale,  a  man  must  generally  work  the  same 
hours  as  do  his  fellow  men,  or  have  but  very  few  lines  of  in- 
dustry open  to  him.  Would  a  mill  or  factory  running  ten 
hours  a  day  want  to  be  bothered  with  a  man,  such  as  an 
engineer  or  machine  tender  for  instance,  who  could  or 
would  work  only  a  less  number  of  hours?  Eight  hours  a 
day  is  long  enough  for  any  man  to  work  and,  in  my  opin- 
ion, at  least  twice  as  long  as  there  is  any  necessity  for  men 
to  work.  It  is  my  firm  conviction  that  under  a  socialistic 
form  of  government,  which  will  follow — but  can  not  pre- 
cede— anarchy  as  naturally  as  a  duck  follows  its  nose  to 
water,  all  able  men  (no  women  or  children)  working  two 
or  three  hours  a  day  would  produce  more  than  is  pro- 
duced at  the  present  time  and  all  would  receive,  approx- 
imately, their  just  share  of  the  wealth  produced — not  a 
thousand  dollars  a  day  to  one  man  who  produces  nothing 
and  one  or  two  dollars  a  day  to  the  man  who  produces  from 
ten  to  fifty. 

Sec.  222.     The  first  sentence  on  the  first  page  of  the 


108  The    ilNARCHisT    Constitution. 

first  book  of  the  first  great  American  lawyer's  "Com- 
mentaries" (Kent)  is  as  follows: 

"When  the  United  States  ceased  to  be  a  part  of  the  Brit- 
ish empire  and  assumed  the  character  of  an  independent 
nation,  they  became  subject  to  that  system  of  rules  which 
reason,  morality  and  custom  had  established  among  the 
civilized  nations  of  Europe  as  their  public  law." 

The  very  essence  of  anarchy  is  rebellion  against  being 
governed,  not  by  reason,  but  by  the  laws  and  customs  of  our 
ancient  ancestors. 

Though  the  country  is  young  compared  with  the  one 
whose  laws  have  been  saddled  upon  us,  we  have  an  infinity 
of  statutes  in  force  on  our  statute  books  to-day  that  no  sane 
man  would  vote  to  re-enact.  I  shall  only  here  cite  the  law 
of  the  United  States  regarding  that  arm  of  defense  known 
as  the  "militia  of  the  United  States,"  which  was  enacted 
on  the  8th  day  of  May,  1792,  and  amended  the  2d  day  of 
March,  1803,  which  is  now  the  law  of  the  United  States 
and  which  will  show  how  ridiculous  it  is  to  allow  law  once 
enacted  to  be  forever  in  force,  though  sometimes  it  is  too 
serious  to  be  ridiculous. 

The  following  is  the  exact  wording  of  our  ancient  law 
as  it  is  solemnly  reproduced  in  the  latest  copy  of  the  Ee- 
vised  Statutes  of  the  United  States: 

Section  1625.  Every  able-bodied  male  citizen  of  the 
respective  states,  resident  therein,  w^ho  is  the  age  of  eigh- 
teen years,  and  under  the  age  of  forty-five,  shall  be  en- 
rolled in  the  militia. 

"Section  1626.  It  shall  be  the  duty  of  every  captain 
or  commanding  officer  of  a  company  to  enroll  every  such 
citizen  residing  within  the  bounds  of  his  company,  and  all 
those  who  may  from  time  to  time  arrive  at  the  age  of 
eighteen  years,  or  who  being  of  the  age  of  eighteen  years 
and  under  the  age  of  forty-five  years,  come  to  reside  within 
his  bounds. 

"Section  1G27.  Each  captain  or  commanding  officer 
shall,  without  delay,  notify  every  such  citizen  of  his  en- 


The    Anarchist    Constitution.  109 

rollnient,  by  a  proper  non-commissioned  officer  of  his 
company,  who  may  prove  the  notice.  And  any  notice  or 
warning  to  a  citizen  enrolled  to  attend  a  company,  bat- 
talion or  regimental  muster,  which  is  according  to  the 
laws  of  the  state  in  which  it  is  given  for  that  purpose, 
shall  be  deemed  a  legal  notice  of  his  enrollment. 

"Section  1628.  Every  citizen  shall,  after  notice  of  his 
enrollment,  be  constantly  provided  with  a  good  musket  or 
firelock  of  a  bore  sufficient  for  balls  of  the  eighteenth 
part  of  a  pound,  a  sufficient  bayonet  and  belt,  two  spare 
flints  and  a  knapsack,  a  pouch  with  a  box  therein  to  con- 
tain not  less  than  twenty-four  cartridges,  suited  to  the 
bore  of  his  musket  or  firelock,  each  cartridge  to  contain 
a  proper  quantity  of  powder  and  ball;  or  with  a  good 
rifle,  knapsack,  shot  pouch  and  powder  horn,  twenty  balls 
suited  to  the  bore  of  his  rifle,  and  a  quarter  of  a  pound  of 
powder;  and  shall  appear  so  armed  when  called  out  to 
exercise  or  into  service,  except  that  when  called  out  on 
company  days  to  exercise  only,  he  may  appear  without  a 
knapsack.  And  all  arms,  ammunition  and  accoutrements 
so  provided  and  required  shall  be  held  exempted  from  all 
suits,  distresses,  executions  or  sales  for  debt  or  for  the  pay- 
ment of  taxes.  Each  commissioned  officer  shall  be  armed 
with  a  sword  or  hanger  and  spontoon." 

For  the  explanation  of  what  a  spontoon  is,  write  to 
Theodore  Eoosevelt,  Washington,  D.  C,  as  he  is  not  only 
something  of  a  military  authority,  but  has  sworn  an  oath 
to  execute  this  law,  which  he  could  hardly  do  without  un- 
derstanding it. 

Sec.  233.  A  majority  of  the  people  is  sufficient  to  put 
into  force  a  new  social  compact.  While  any  number  of  peo- 
ple less  than  a  majority  ought  not  to  impose  upon  the  peo- 
ple a  new  social  compact,  the  proportion  of  the  people 
whose  consent  is  to  be  requisite  to  put  it  in  force  must 
necessarily  be  arbitrary,  whether  it  be  51  per  cent  or  99 
per  cent.  Given  the  power  to  put  it  into  force,  it  must 
necessarily  depend  wholly  upon  the  inherent  sense  of  jus- 


110  The   Anarchist    Constitution. 

tice  in  those  who  propose  to  exercise  that  power.  It  is 
different  with  a  state  which  owes  allegiance  to  a  higher 
power — a  nation — and  is  subject  to  the  compact  already  in 
force  in  such  nation,  in  which  that  compact  must  deter- 
mine as  to  such  state.  So,  too,  with  a  town  or  city  owing 
allegiance  to  a  higher,  or  governing,  power,  or  to  a  social 
compact  to  which  the  proposed  local  compact  as  to  such 
town  or  city  is  tributary.  But  a  nation  owes  no  allegiance. 
It  recognizes  no  higher  power  on  earth  or  any  allegiance 
to  a  compact  which  it  wishes  to  repudiate.  A  former 
generation — of  the  century  before  the  last — can  not  say  to 
a  distant  successor  that  it  must  retain  the  compact  of  an- 
cestors. It  can  not  say  to  a  generation  to  follow  more  than 
a  century  later  either  that  51  per  cent,  66  per  cent  or  99 
per  cent  of  such  future  generation  shall  comply  with  par- 
ticular requirements  laid  down  by  ancient  generations  in 
order  to  adopt  a  compact  of  its  own.  The  very  idea  of  an- 
archy is  that  the  present  generation  is  perfectly  competent 
to  legislate  for  itself.  True,  the  old  compact  could  pro- 
vide on  what  conditions  THAT  compact  could  be  patched. 
It  could,  and  did,  provide  that  the  consent  of  three-fourths 
of  the  states  (whether  1  per  cent  or  99  per  cent  of  the  peo- 
ple) should  be  the  necessary  requirement  in  order  to  amend 
the  compact  in  accordance  with  THAT  compact,  or  rather 
(more  properly  speaking),  that  amendment  or  patch  to 
the  old  compact  of  thousands  of  ages  ago.  So,  too,  does 
the  Anarchist  Constitution  provide  that  certain  require- 
ments shall  be  necessary  for  amendments  thereto  in  accord- 
ance therewith.  But  there  is  no  power  on  earth,  nor  any 
regulation,  to  say  to  us,  we  must  comply  with  certain  re- 
quirements to  adopt  a  new  compact  if  the  old  one  is  re- 
pudiated. Therefore,  owing  to  the  extreme  urgency  of  the 
case  and  lack  of  any  other  guide,  as  well  as  to  the  fact  that 
a  majority  of  all  the  votes  would  be  more  than  those  cast 
for  all  other  issues  and  political  parties  combined,  the 
smallest  proportion  of  the  people  compatible  with  justice 
and  right  has  been  named  as  the  pro])ortion  whose  consent 


The   Anarchist    Constitution.  Ill 

is  necessary  to  put  the  new,  the  Anarchist,  Constitution  in 
force. 

Sec.  225.  "All  men  are  created  equal  and  endowed  by 
their  Creator  with  certain  inalienable  rights.  To  secure 
these  rights,  governments  are  instituted  among  men,  deriv- 
ing their  just  powers  from  the  consent  of  the  governed, 
and  whenever  any  form  of  government  becomes  destructive 
of  these  ends  it  is  the  right  of  the  people  to  alter  or  to 
abolish  it.'^ 

Thus  speaks  the  American  Declaration  of  Independence, 
upon  which  our  government  is  supposed  (in  theory)  to  be 
based.  The  most  anarchistic  statements  I  have  ever  made 
have  been  simple  quotations  from  this  same  Declaration  of 
Independence.  I  believe,  as  did  my  revolutionary  ances- 
tors, in  the  century  before  the  last,  that  Just  powers  of  gov- 
ernment can  be  acquired  only  from  the  consent  of  the 
governed.  And,  therefore,  granting  that  the  people  of  the 
United  States  gave  their  consent  to  the  adoption  of  the 
United  States  CDnstitution  a  little  over  a  century  ago 
(which  at  best  can  only  be  said  to  have  been  done  by  agents 
and  never  ratified  by  the  people),  how  can  the  present  gov- 
ernment of  the  present  generation  be  justified  in  any  way  ? 
If  just  powers  of  government  can  be  acquired  only  by  the 
consent  of  the  governed  and  the  present  generation  is  gov- 
erned by  a  government  deriving  its  sole  authority  from  a 
constitution  the  adoption  of  which  may  have  been  con- 
sented to  by  our  ancestors  (or  their  agents),  how  can 
the  government  of  the  present  generation  be  justified  when 
their  consent  has  not  been  obtained  ?  I  have  never  had  an 
opportunity  to  give  or  deny  my  consent  to  the  government 
which  denies  me  the  right  to  be  on  earth  without  paying 
tribute  for  the  privilege  to  some  fortunate  individual  who 
claims  to  own  the  land.  I  was  born  in  subjection  to  this 
government,  and,  without  being  asked  for  my  consent, 
have  been  held  in  subjection  to  it  all  my  life  by  organized 
violence  unauthorized  by  the  consent  of  the  people. 

Granting  that  our  ancestors  gave  their  consent  to  such 


112  The    Anarchist    Constitution. 

a  government^  which  may  have  been  less  of  an  evil  to  them 
than  the  oppression  and  tyranny  they  had  previously  been 
subjected  to  and  one  that  they  were  willing  to  submit 
to  in  their  weakened  condition  after  a  long  fight,  as  the 
less  of  two  evils,  that  can  no  more  justify  the  government 
of  us  of  to-day  than  could  the  consent  of  George  Wash- 
ington's ancient  ancestors  justify  England's  oppressive 
government  of  George  Washington  and  his  associates. 

If  we  must  have  a  government  of  the  present  generation, 
let  us  at  least  have  a  government  that  the  present  genera- 
tion, or  at  least  some  considerable  portion  of  it,  is  willing 
to  consent  to. 

But,  in  submitting  this  new  proposed  constitution  for 
approval  or  rejection  by  the  American  people,  I  wish  to 
call  attention  to  the  fact  that  partisans  of  the  old  archives 
always  assert  that  anarchists  prefer  to  use  bullets  rather 
than  arguments. 

It  may  be  their  honest  opinion  that  such  is  the  case, 
though  it  seems  hardly  credible. 

Anarchists  prefer  arguments  and  reason  above  all  other 
things,  and  I  am,  therefore,  ready  and  willing,  at  all  times, 
to  meet  all  comers  in  debate  on  the  Anarchist  Constitution. 
I  have  never  had  the  good  fortune  to  meet  a  partisan  of  the 
old  archives  who  is  willing  to  debate  with  an  anarchist, 
but  if  any  such  there  be  within  the  bounds  of  the  United 
States  I  shall  be  happy  to  meet  him  on  any  platform. 
When  called  upon  to  take  part  in  such  debate,  whenever  or 
wherever  it  may  be,  I  shall  not  be  otherwise  engaged. 

I  am  well  aware  of  the  fact  that  this  social  compact  is 
not  perfect  and  I  am  well  aware  of  the  fact  that,  like  John 
Doe's  pants,  it  will  wear  out.  It  may  wear  out  quicker 
than  did  that  beautiful  patch  known  as  the  United  States 
Constitution  of  1789.  But,  like  pants,  a  new  compact  is 
better  with  a  patch  or  two,  than  one  that  has  been  noth- 
ing but  patches  for  thousands  of  ages.  And,  while  it  may 
be  shown  that  it  will  wear  a  little  hole  in  itself  and  need 


The   Anarchist    Constitution.  113 

a  patch  or  two  before  many  years  roll  by,  my  only  conten- 
tion is  that,  from  every  standpoint  and  consideration,  and 
in  every  respect,  it  will  be  a  better  compact  than  the  mass 
of  patches  we  now  have  in  lieu  of  compact.  If  I  can  not 
sustain  this  contention  in  the  face  of  all  who  may  attack 
it  I  shall  acknowledge  myself  mistaken,  though  I  admit 
that  it  can  not  at  once  cure  all  the  defects  of  our  abnormal 
and  unjust  social  condition.  But  again,  if  I  may  repeat  it, 
I  assert  my  ability  to  show  that,  in  any  case  and  from  any 
standpoint,  it  is  far  superior  (though  not  perfect)  to  our 
present  patched  up  social  compact. 


CHAPTEE  VL 

SIDE  LIGHTS  ON  THE  ARCHIVES^ 

OR 

THE   BIRTH    OF   ANARCHY. 

England  was  said  to  have  a  free  constitution.  England 
was  said  to  have  an  unwritten  constitution.  If  it  were 
true,  would  it  not  have  been  precisely  the  very  thing  that 
the  old  anarchists  of  England  clamored  for?  Of  course  it 
was  not  true,  and  of  course  England  never  had  the  sem- 
blance of  a  free  constitution,  and,  I  regret  to  say,  we  in 
America  to-day  are  not  much,  though  a  little,  better  off 
in  this  respect  than  they  were. 

They  were  said  to  have  an  unwritten  constitution,  and 
it  seems  to  have  been  taken  for  granted  that  it  was  true, 
merely  because  it  was  so  easy  to  say:  "If  we  have  a 
written  constitution,  produce  it."  Yes,  produce  it.  A 
present  day  American  freight  train  could  not  have  carried 
it.  But  the  evidence  of  what  that  constitution  was,  and 
the  only  evidence  allowable  was,  the  court  records  of  pre- 
vious decisions  and  the  commentaries  of  lawyers  on  what 
it  should  be  which  constituted  in  their  theory  only  the 
evidence  of  what  that  unwritten  constitution  was;  in  my 
theory,  the  constitution  itself  as  much  as  the  written  copy 
of  our  constitution  is  the  constitution  itself.  It  was  known 
as  the  common  law.  It  was,  according  to  my  theory,  writ- 
ten. But  the  way  it  was  written!  Part  of  it  was  Latin. 
Part  of  it  was  "law  Latin,"  with  a  little  Greek  thrown  in 
for  seasoning.  Part  of  it  was  French.  Part  of  it  was 
"law  French."  Part  of  it  was  English.  A  considerable 
part  of  it  was  only  a  conglomeration  of  all  these.  And 
people  were  expected  to  conform  to  it !  Is  it  any  wonder 
some  anarchists  said  the  only  law  we  know  is  the  moral 


The    Anarchist    Constitution.  115 

law?  They  certainly  couldn^t  know  the  common  law,  in 
conformity  with  which  they  were  expected  to  comport 
themselves.  Even  Blackstone,  probably  the  most  famous 
lawyer  who  ever  lived,  did  not,  and  could  not,  know  that. 
For  he  frequently  expressed  his  own  doubt  in  his  own  com- 
mentaries as  to  what  the  law  was.  There  were  many 
things,  however,  which  were  not  doubtful.  If  a  man's 
wife  or  baby  needed  food  which  he  was,  owing  to  the  mon- 
strous form  of  government  he  was  born  in  subjection  to. 
unable  to  provide  and  he  stole  fifty  cents  from  a  man  who 
had  untold  wealth  that  he  never  produced,  or  he  stole  its 
value  in  food,  there  was  then  no  doubt  as  to  the  law  on  the 
subject.  It  was  felony.  The  penalty  for  felony  was  death. 
It  was  THE  LAW.  The  doubt  came  in  principally  where 
rich  men's  property  was  involved.  Not  that  there  was  any 
doubt  that  practically  all  of  the  wealth  produced  by  the 
poor  men  should  go  to  the  rich  who  produced  none.  Oh. 
no !  It  was  beneath  the  dignity  of  those  who  were  not  poor 
to  produce  wealth,  and  they  certainly  had  to  live — and  live 
high.  There  was  no  doubt  there.  The  doubt  was  in  regard 
to  the  distribution  of  the  spoils  wrung  from  the  poor  and 
whether  or  not  a  man  was  of  a  sufficiently  exalted  birth  and 
prestige  with  the  push  to  exempt  him  from  punishment 
for  doing  as  he  pleased,  or  what  he  was  driven  or  provoked 
into  doing. 

There  was  one  thing,  though,  that  the  rich  complained 
of.  Of  course  it  was  necessary  for  them  to  monopolize  all 
knowledge  of  the  law.  That  was  a  foregone  conclusion, 
for  it  wouldn't  be  law  long  if  the  many  knew  what  it  was 
like.  But  it  took  work  to  get  that  knowledge.  It  was  not 
only  infinite  in  amount,  but  so  tangled  up  and  scattered 
that  there  was  no  way  of  taking  up  an  intelligent  and 
systematic  study  of  it.  There  was  no  starting  point — no 
beginning — no  ending — no  course.  About  the  year  1760 
Sir  William  Blackstone,  the  most  prominent  legal  light 
of  his  day,  took  up  the  work  of  writing  up  a  history  of  the 
laws  of  England.     Of  course  he  could  find  no  starting 


116  The    Anarchist    Constitution. 

point,  as  any  anarchist  could  have  told  him  he  wouldn't, 
because  the  starting  point  for  the  only  social  compact  the 
world  has  ever  known  was  thousands  of  ages  ago;  long 
before  there  was  any  such  thing  as  writing  ever  known. 
So  in  his  history  of  the  laws  of  England,  instead  of  be- 
ginning at  the  beginning  and  coming  down  to  the  present, 
as  histories  are  supposed  to  do,  he  commented.  His  com- 
ments frequently  slipped  back  a  couple  of  thousand  years 
— a  mere  trifle  apparently  to  a  social  compact — and  car- 
ried him  over  to  Eome  and  even  frequently  to  Greece.  And 
when  I  say  frequently  I  mean  FEEQUENTLY.  Occa- 
sionally he  would  wander  back  three  or  four  thousand 
3^ears  and  pick  up  his  starting  point  again  from  Abraham 
and  his  progenitors.  He  decided  not  to  call  it  a  history 
of  the  laws  of  England,  because  such  was  an  impossibility. 
He  called  it  the  "Commentaries  on  the  Laws  of  Eng- 
land," though  the  "Defense  of  the  Laws  of  England'' 
would  have  been  a  more  appropriate  name  'J 'here  wore 
four  books,  in  about  1800  pages,  of  his  comments.  The 
first  book  appeared  in  November,  1765,  and  the  other  three 
books  in  the  course  of  the  four  succeeding  years.  As  this 
is  the  nearest  approach  that  we  have  to  an  expose  of  the 
nature  of  the  world's  social  compact  (it  hardly  touches 
on  it  because  it  is  only  1800  pages  not  twice  as  big  as  the 
pages  of  this  book)  it  has  been  the  starting  point  for  a 
study  of  the  social  compact  ever  since  (in  America  as  well 
as  England,  of  course). 

In  running  through  this  work  of  Blackstone's,  a  few 
notes  have  been  jotted  down  merely  as  samples  here  and 
there  to  show  what  John  Doe's  pants  were  like  in  Black- 
stone's  day  and  a  short  time  previous. 

The  frightful  monstrosities  and  the  bulk  of  those  (not 
all)  which  have  not  yet  been  amended  out  of  it  are  gen- 
erally covered  up  in  long  dissertations  (and  combinations) 
not  understandable  l)y  the  average  man  and  could  not  be 
presented,  nor  merely  touched  upon,  in  a  single  volume 
five  times  the  size  of  this  little  work,  but  here  and  there 


The    Anarchist    Constitution.  H7 

through  Blackstone's  Commentaries  are  little  detached 
samples  sufficiently  free  from  languages  foreign  to  Eng- 
lish and  sufficiently  free  from  their  dependence  on  other 
parts  of  the  comments  that  they  can  be  quoted,  and  under- 
stood by  the  average  reader. 

In  presenting  these  quotations  from  Blackstone,  I  pre- 
sent also  with  some  of  them  a  few  brief  comments  of  my 
own  in  parenthesis.  Everything  not  in  parenthesis  is 
quoted  verbatim  from  his  Commentaries,  or  expose  of  the 
laws  of  England,  which,  aside  from  the  patches. 
are  our  own  laws  of  to-day  —  a  part  of  the 
world's  social  compact.  Of  course  Blackstone  also  occa- 
sionally made  remarks  in  parenthesis,  but  this  will  not 
cause  any  confusion  as  to  which  were  his  remarks  of  that 
kind  and  which  mine,  as  they  are  so  radically  different  in 
character  as  not  to  be  confounded  one  with  the  other.  For 
instance,  if  he  refers  to  God's  providence,  it  should  be 
self-evident  to  the  least  discriminating  that  such  is  his 
own  remark,  even  though  it  be  in  parenthesis,  for  it  would 
be  remarkable  indeed  to  hear  an  anarchist  prate  about 
God's  providence.  It  would  more  likely  be  termed  God's 
improvidence,  if  it  came  from  an  anarchist  source.  And. 
if  I  may  be  permitted  the  indication  of  conceit,  where  an 
absurd  excuse  is  made  it  is  characteristic  of  Blackstone, 
who,  though  a  prominent  lawyer,  is  admitted  by  our  own 
lawyers  of  to-day  to  have  been  as  narrow-minded  and 
bigoted  a  writer  as  the  world  ever  produced.  His  principal 
virtue  as  a  commentator  lay  in  the  fact  that,  while  not  as 
comprehensive  as  might  have  been,  his  commentaries  were 
the  most  comprehensive  expose  of  the  laws  of  England  (for 
lawyers  only)  ever  put  in  print ;  with  the  additional  virtue 
that  they  were  an  honest  expose  of  those  laws  by  the  most 
enthusiastic  partisan  they  ever  had. 

Those  who  think  that  an  infinite  amount  of  law  on  every 
phase  of  human  action  is  essential  to  the  welfare  of  society 
should  notice  how  Blackstone  thought  the  same  thing 
to  a  far  greater  extent  in  regard  to  things  which  we  of 


118  The    Anarchist    Constitution. 

to-day  would  not  tolerate  an}^  laws  at  all  for  their  regula- 
tion. That  is^  how  he  felt  that  law  was  absolutely  neces- 
sary where  to-day  we  have  ABSOLUTE  anarchy  or  lack  of 
(written)  law.  True,  I  stated  in  a  foregoing  chapter  that 
anarchy  does  not  exist,  and  never  has  existed,  yet,  not- 
withstanding, we  have  anarchy  to  a  limited  (entirely  too 
limited  to  satisfy  any  anarchist)  extent  on  some  subjects 
the  same  as  we  have  had,  and  have  to-day,  free  trade  to  a 
limited  extent,  or  as  regards  some  articles,  though  we  have 
not,  and  never  have  had,  free  trade.  And  if  Blackstone 
could  wake  up  in  his  grave  for  one  moment  and  realize 
our  ABSOLUTE  anarchy  (or  lack  of  "law")  on  the  sub- 
jects of  religion,  common  scolds,  gypsies,  duties  on  ex- 
ports (but  not  imports),  harboring  vagrants  (but  not 
vagrancy),  witchcraft  and  sorcery,  harboring  strangers; 
luxury  and  extravagant  expenses  in  dress,  diet  and  the 
like ;  those  that  be  "not  of  good  fame,"  standing  mute,  and 
COERUPTION  OF  BLOOD,  together  with  our  semi- 
anarchy  on  the  subject  of  debt,  as  well  as  the  anarchy  we 
enjoyed  prior  to  the  assassination  of  McKinley,  which  was 
termed  liberty  of  speech  and  freedom  of  the  press,  but 
which  has  (unfortunately)  since  become  license;  he  would 
hold  up  his  hands  in  holy  horror  at  the  idea  of  living  in 
an  age  of  such  anarchy  (the  bare  mention  of  the  word 
gave  him  the  nightmare)  and  be  well  satisfied  to  sink  back 
again  to  that  long  untroubled  "sleep  that  knows  no  awak- 
ening." 

We  have  had  a  taste  of  anarchy  and  like  it.  We  want 
more. 

In  making  these  quotations,  they  are  taken  from  Chitty's 
edition,  and  references  are  to  pages. 

BOOK  L 

P.  42.  Equity,  thus  depending,  essentially,  upon  the 
particular  circumstances  of  each  individual  case,  there  can 
be  no  established  rules  and  fixed  precepts  of  equity  laid 
down,  wUliout  destroying  its  very  essence.     And,  on  the 


The    Anarchist    Constitution.  119 

other  hand,  the  liberty  of  considering  all  cases  in  an 
equitable  light  must  not  be  indulged  too  far,  LEST 
THEEEBY  WE  DESTROY  ALL  LAW.  And  law 
without  equity,  though  hard  and  disagreeable  (you  bet  it 
is)  IS  MUCH  MOEE  DESIEABLE  for  the  public  good 
(he  meant  by  the  public  good  the  welfare  of  the  lawyers) 
than  equity  without  law  (but,  notwiihstanding,  there  are 
some  of  us  anarchists  who  have  gotten  tired  of  so  much 
law  and  little  equity  and  would  prefer  the  equity  to  the 
law,  strange  as  it  may  seem). 

P.  148.  Lands  are  not  naturally  descendible  any  more 
than  thrones ;  but  the  law  has  thought  (the  law  has  another 
think  coming),  for  the  benefit  and  peace  of  the  public,  to 
establish  hereditary  succession  in  the  one  as  well  as  the 
other  (we  have  wiped  out  the  one — ^the  less  oppressive 
of  the  two — why  not  wipe  out  the  other?). 

BOOK  II. 

P.  271.  And,  thus,  by  this  strict  construction  of  the 
courts  of  law  a  statute  made  upon  great  deliberation,  and 
introduced  in  the  most  solemn  inanner,  has  had  little  other 
effect  than  to  make  a  slight  alteration  in  the  formal  words 
of  a  conveyance  (it  changed  the  word  use  to  the  word 
trust,  both  meaning  the  same.  Its  only  other  effect  was  to 
give  lawyers  the  chance  to  sell  the  important  information 
that  the  word  trust  in  law  would  mean  the  same  as  the 
word  use  and  would  avoid  the  penalty  attached  to  the 
insertion  of  the  word  use). 

P.  273.  Which  also  occasioned  them  to  be  overlooked  in 
framing  the  statute  of  uses;  and  therefore  such  bargains 
and  sales  are  not  directed  to  be  enrolled.  But  how  IM- 
POSSIBLE is  it  to  foresee,  and  provide  against  all  the 
consequences  of  innovations ! 

P.  399.  And  at  the  third  meeting  at  farthest,  which 
must  be  on  the  forty-second  day  after  the  advertisement 
in  the  Gazette,  the  bankrupt  upon  notice,  also  personally 
served  upon  him,  or  left  at  his  usual  place  of  abode,  must 


120  The   Anarchist    Constitution. 

surrender  himself  jDersonally  to  the  commissioners;  which 
surrender  (if  voluntar}^)  protects  him  from  all  arrests 
till  his  final  examination  is  passed;  and  he  must  thence- 
forth in  all  respects  conform  to  all  the  directions  of  the 
statutes  of  bankruptcy;  or,  in  default  of  either  surrender 
or  conformity,  shall  be  guilty  of  felony  without  benefit 
of  clergy  (we  also  have  anarchy  or  lack  of  "law"  on  the 
subject  of  exemptions  for  the  clergy.  They  and  almost 
every  person — except  the  poor — whose  aunt's  cousin's 
brother-in-law  was  a  distant  relative  of  a  priest,  clergy- 
man later  on,  or  any  one  who  could  read,  were  exempt 
from  the  law)  and  shall  suffer  death,  and  his  goods  and 
estate  shall  be  distributed  among  his  creditors  (they 
couldn't  just  take  his  goods  and  let  it  go  at  that).  In  case 
the  bankrupt  absconds,  OE  IS  LIKELY  TO  EUIST  AWAY, 
between  the  time  of  the  commission  issued  (which  was  on 
request  of  one  creditor)  and  the  last  day  of  surrender,  he 
may  by  warrant  from  any  judge  or  justice  of  the  peace 
be  apprehended  and  committed  to  the  county  jail,  in  order 
to  be  forthcoming  to  the  commissioners ;  who  are  also  em- 
powered immediately  to  grant  a  warrant  for  seizing  his 
goods  and  papers.  The  bankrupt  upon  this  examination,  is 
bound  upon  pain  of  death  to  make  a  full  discovery  of  all  his 
estate  and  effects,  as  well  in  expectancy,  and  how  he  has  dis- 
posed of  the  same ;  together  with  all  books  and  writings  re- 
lating thereto ;  and  is  to  deliver  up  all  in  his  own  power  to 
the  commissioners ;  or,  in  case  he  conceals  or  embezzles  any 
effects  to  the  amount  of  £20,  or  withholds  any  books  or 
writings,  with  the  intent  to  defraud  his  creditors  (intent 
was  presumed  until  PEOVEN  otherwise,  as  it  is  to  this 
day)  he  shall  be  guilty  of  felony  without  benefit  of  clergy; 
and  his  goods  and  estate  shall  be  divided  among  his  cred- 
itors. And,  unless  it  shall  appear  that  his  inability  to  pay 
his  debts  arose  from  some  CASUAL  loss  (lack  of  business 
generally  for  a  considerable  time  or  unusual  expenses 
from  family  sickness  was  no  excuse)  he  may  upon  convic- 
tion by  indictment  of  such  gross  misconduct  and  NEG-LI- 


The   Anarchist    Constitution.  121 

GENCE  be  set  upon  the  pillory  for  two  hours  (we  still 
have  the  pillory  and  whipping  post  in  Delaware),  and  have 
one  of  his  ears  nailed  to  the  same  and  cut  off  (presumably 
to  pay  his  debts  with).  Also,  to  prevent  the  too  common 
practice  of  frequent  and  fraudulent  OR  CARELESS 
breaking,  a  mark  is  set  upon  such  as  have  been  once  cleared 
by  a  commission  of  bankrupt. 

BOOK  III. 

P.  8.  But  generally  whatever  goods  and  chattels  the 
landlord  finds  upon  the  premises,  whether  they  in  fact  be- 
long to  a  stranger,  are  distrainable  by  him  for  rent;  for. 
otherwise,  a  door  would  be  open  to  infinite  frauds  upon  the 
landlord  (they  always  took  good  care  of  the  landlords, 
whether  a  door  was  open  to  infinite  frauds  on  others  or 
not)  ;  and  the  stranger  has  his  remedy  over  by  action  on 
the  case  against  the  tenant  (a  beautiful  remedy),  if  by  the 
tenant's  default  the  chattels  are  distrained  so  that  he  can 
not  render  them  when  called  upon.  With  regard  to  a 
stranger's  beasts  which  are  found  on  the  tenant's  land,  the 
following  distinctions  are,  however,  taken.  If  they  are 
put  in  by  consent  of  the  owner  (as  if  the  owner  knew 
whether  the  tenant  had  paid  his  rent  or  not)  of  the  beasts, 
they  are  distrainable  immediately  afterward  for  rent  ar- 
rears by  the  landlord. 

P.  24.  These  (attorneys  of  precedence)  rank  promiscu- 
ously with  the  king's  counsel  and  sit  with  the  bar  of  the  re- 
spective courts;  but  receive  no  salaries,  and  are  not  sworn; 
and,  therefore,  are  at  liberty  to  be  retained  in  causes  against 
the  crown.  And  all  other  Serjeants  and  barristers  indis- 
criminately may  take  upon  them  the  protection  and  de- 
fense of  any  suitors,  whether  plaintiff  or  defendant;  who 
are,  therefore,  called  their  clients,  like  the  dependents  upon 
the  ancient  Roman  orators.  Those,  indeed,  practised 
gratis  for  honor  merely,  or,  at  most,  for  the  sake  of  gaining 
influence;  and  so  likewise  it  is  established  with  us  that  a 


122  The    Anarchist    Constitutiox. 

counsel  can  maintain  no  action  for  his  fees,  which  are 
given,  not  as  a  salary  or  hire,  but  as  a  mere  gratuity,  which 
a  counsellor  cannot  demand  without  doing  wrong  to  his 
reputation  (how  many  legal  reputations  would  there  be 
in  this  country  if  it  had  not  been  patched?). 

P.  49.  If  the  rigor  of  general  rules  does  in  any  case 
bear  hard  (if)  upon  individuals,  courts  of  equity  are  open 
to  supply  (in  theory)  the  defects,  b*it  not  sap  the  funda- 
mentals (that  is  not  give  any  relief  except  what  you  can 
get  without  them  in  a  court  of  law)  of  the  law  (and  only 
then  by  expending  a  fortune). 

P.  50.  For  this  purpose,  the  bishop  of  the  diocese  and 
the  alderman,  or  in  his  absence  the  sheriff  of  the  county, 
used  to  sit  together  in  the  county  court  and  had  there  the 
cognizance  of  all  causes,  as  well  ecclesiastical  (we  now 
have  absolute  anarchy  in  regard  to  ecclesiastical  causes) 
as  civil:  a  superior  deference  being  paid  to  the  bishop^s 
opinion  (how  much  do  we  care  for  a  bishop's  opinion  in 
a  court  today?)  in  spiritual  matters  (for  which  we  have 
neither  laws  nor  courts  to-day),  and  to  that  of  the  lay 
judges  in  temporal.  This  union  of  power  was  very  ad- 
vantageous to  them  both  (as  though  all  consideration  was 
for  the  court  and  none  for  those  haled  before  it)  ;  the 
presence  of  the  bishop  added  weight  and  reverence  (our 
courts  have  a  plentiful  sufficiency  of  weight  and  rever- 
ence) to  the  sheriff's  proceedings  (they  generally  needed 
it,  especially  the  reverence)  ;  and  the  authority  of  the  sher- 
iff was  equally  useful  (we  don't  doubt  it)  to  the  bishop, 
by  enforcing  obedience  to  his  decrees  in  such  refractory 
offenders  as  would  otherwise  have  despised  (and  did  any 
way)  the  thunder  (a  good  nomer)  of  mere  ecclesiastical 
censures  (that's  the  way  they  used  to  hammer  the  super- 
stition into  them). 

P.  295.  And  it  seems  the  height  of  judicial  absurdity 
that  in  the  same  cause  (here  we  agree  with  him)  between 
the  same  parties  in  the  examination  of  the  same  facts,  a 
discovery  by  the  oaths  of  the  parties  should  be  permitted 


The   Anarchist    Constitution.  123 

on  one  side  of  Westminster  Hall,  and  denied  on  the  other : 
or  that  the  judges  of  one  and  the  same  court  should  be 
bound  by  law  to  reject  such  a  species  of  evidence,  if  at- 
tempted on  a  trial  at  bar,  but,  when  sitting  the  next  day 
as  a  court  of  equity  should  be  obliged  to  hear  such  examin- 
ation read,  and  to  found  their  decrees  upon  it.  In  short 
within  the  same  country,  governed  by  the  same  laws,  such 
a  mode  of  inquiry  should  be  universally  admitted,  or 
else  universally  rejected  (what,  make  the  same  rules  apply 
to  the  rich  and  poor  alike !). 

P.  317.  The  precedents  then  set  were  afterwards  most 
religiously  followed  to  the  great  obstruction  of  justice, 
and  ruin  of  the  suitors  (poor  suitors)  :  who  have  formerly 
suffered  as  much  by  this  scrupulous  obstinacy  (there  could 
be  no  scrupulous  obstinacy  in  an  anarchist  court)  and  lit- 
eral strictness  of  the  courts  as  they  could  have  done  even 
by  their  iniquity.  After  verdicts  and  judgments  upon  the 
merits,  they  were  frequently  reversed  for  slips  of  the  pen 
or  mis-spellings;  and  justice  was  perpetually  entangled 
(as  she  is  to  this  day)  in  a  net  of  mere  technical  jargon. 

P.  337.  *  *  the  distinguishing  between  a  mortgage 
at  5  per  cent  with  a  clause  of  a  reduction  to  4  per  cent 
if  the  interest  be  regularly  paid,  and  a  mortgage  at  4 
per  cent  with  a  clause  of  enlargement  to  5  per  cent  if  the 
pa3rment  of  the  interest  be  deferred;  so  that  the  former 
shall  be  deemed  a  conscientious,  the  latter  an  unrighteous 
bargain :  all  these  and  other  cases  that  might  be  instanced, 
are  plainly  rules  of  positive  law  (Blackstone  sometimes 
distinguished  between  the  moral  law,  and  the  crooked  in- 
terpretations of  the  moral  law  by  calling  the  moral  law 
natural  law  and  the  crooked  interpretations  positive 
law)  ;  supported  only  by  the  reverence  that  is 
shown,  and  generally  very  (im)  properly  shown,  to 
a  series  of  former  determinations  (as  though  our 
ancestors  knew  better  than  ourselves  how  to  gov- 
ern us)  ;  that  the  rule  of  property  may  be  uniform  and 
steady     (well,    we   have   it   uniform   and   steady   enough 


124  The   Anarchist    Constitution. 

now).  Nay,  sometimes  a  precedent  is  so  strictly  followed 
that  a  particular  judgment,  founded  upon  particular  cir- 
cumstances, gives  rise  to  the  general  rule  (henceforth  called 
"law.''  That's  what  anarchists  are  opposed  to.)  In 
short,  if  a  court  of  equity  in  England  did  really  act,  as 
many  ingenious  writers  (and  many  fools  who  depended 
on  it  for  justice)  have  supposed  it  to  do,  it  would  rise 
above  all  law,  either  common  or  statute  (as  all  equity  cer- 
tainly should)  and  be  a  most  arbitrary  (he  meant  dis- 
criminating) legislator  in  every  particular  case. 

BOOK  IV. 

P.  20.  In  inferior  misdemeanors  also  w^e  may  remark 
another  exception;  that  a  wife  may  be  indicted  and  set 
in  the  pillory  with  her  husband  for  keeping  a  brothel ;  for 
this  is  an  offense  touching  the  domestic  economy  or  gov- 
ernment of  the  house  in  which  the  wife  has  a  principal 
share  (just  as  clear  as  mud). 

P.  21.  There  is  yet  another  case  of  necessity,  which 
has  occasioned  great  speculation  among  the  writers  upon 
general  law ;  viz. :  whether  a  man  in  want  of  food  or  cloth- 
ing may  justify  stealing  either,  to  relieve  his  present  ne- 
cessities. And  this  both  Grotius  and  Puffendorf,  together 
with  many  others  of  the  foreign  jurists,  hold  in  the  af- 
firmative (but  they  never  got  it  into  law)  ;  maintaining  by 
many  ingenious,  humane  and  plausible  reasons  that  in 
such  cases  the  community  of  goods  by  a  kind  of  tacit  con- 
fession of  society  is  revived.  And  some,  even,  of  our 
own  lawyers  have  held  the  same,  though  it  seems  to  be 
an  unwarranted  doctrine,  borrowed  from  the  notions  of 
some  civilians:  at  least  it  is  now  antiquated,  the  law  of 
England  admitting  no  such  excuse  at  present.  And  this, 
its  doctrine,  is  agreeable,  not  only  to  the  sentiments  of 
many  of  the  wisest  ancients  (our  models  ever),  particular- 
ly Cicero,  who  holds  that  *  *  (we'll  leave  out  a  few 
pages  more  or  less  of  latin)  but  also  to  the  Jewish  law 
(the  principal  virtue  of  which  is  its  antiquity)   as  certi- 


The    Anarchist    Constitution.  125 

fied  by  king  Solomon  himself :  "If  a  thief  steal  to  satisfy 
his  soul  when  he  is  hnngr}^;,  he  shall  restore  seven  fold 
(how  easy)  ;  and  shall  give  all  the  substance  of  his  house/' 
which  was  the  ordinary  punishment  for  theft  in  that  king- 
dom. And  this  is  founded  upon  the  highest  reason:  for 
men's  properties  (always  of  greater  consideration  than 
life  if  it  belonged  to  the  rich)  would  be  under  a  strange 
insecurity  (the  insecurity  of  a  hungry  life  being  of  slight 
consequence  in  comparison)  if  liable  to  be  invaded  accord- 
ing to  the  wants  (and  anguish)  of  others  (and  their  wives 
and  babies)  of  which  wants  no  (jury) man  can  possibly  be 
an  adequate  judge  (to  the  satisfaction  of  the  miserly  and 
cruel  rich);,  but  the  party  himself  who  pleads  them.  In 
this  country  especially,  there  would  be  a  peculiar  impro- 
priety in  admitting  so  dubious  an  excuse;  for  by  our  laws 
such  sufficient  (  !)  provision  is  made  for  the  poor  (who 
produce  all  the  wealth)  by  the  power  of  the  civil  magis- 
trate, that  it  is  impossible  (  !)  that  the  most  needy  strang- 
er should  ever  be  reduced  to  the  necessity  of  thieving  to 
support  nature  (sounds  nice  but,  whether  it  was  true  in 
England  or  not,  it  certainly  is  not  true  of  the  United 
States  to-day).     *     * 

I  mean  the  case  of  the  king ;  who  by  virtue  of  his  royal 
prerogative  (a  beautiful  thing),  is  not  under  the  co-ercive 
power  of  the  law;  which  will  not  suppose  him  capable 
(though  it  knows  he  is)  of  committing  a  folly,  much  less 
a  crime  (Oh,  no). 

P.  33.  The  legislature  hath  indeed  thought  it  proper 
that  the  civil  magistrate  should  again  interpose,  with  re- 
gard to  one  species  of  heresy  (or  the  crime  of  thinking), 
very  prevalent  in  modern  times;  for  by  Statute  9  and  10 
W.  Ill,  c.  32,  if  any  person  educated  in  the  Christian  re- 
ligion (or  latest  amendments  to  the  soul  directions)  or 
professing  the  same  shall  by  writing,  printing,  teaching 
or  advised  speaking  (whatever  advised  speaking  is  I  don't 
know  and  he  didn't  either)  deny  any  one  of  the  persons 
of  the  holy  trinity  (though  they  are  only  one)  to  be  God 


126  The   Anarchist    Constitution. 

(a  collective  party  composed  of  three  but  only  amounting  to 
one  whole  God)  or  maintain  that  there  are  more  Gods  than 
one  (I'd  rather  go  where  there  are  lots  of  gods  than  where 
there  is  only  one  if  I  had  any  choice),  he  shall  undergo  the 
same  penalties  (three  years'  imprisonment)  and  incapaci- 
ties which  were  just  now  mentioned  to  be  inflicted  on 
apostacy  (changing  your  opinion  of  this  wonderful  god. 
formerly  called  Eichard  Eoe)  by  the  same  statute  (not 
repealed  till  53  Geo.  Ill,  after  our  revolutionary  war) . 

P.  35.  Non-conformity  to  the  worship  of  the  church 
is  the  other,  or  negative,  branch  of  this  offense.  And 
for  this  there  is  much  more  to  be  pleaded  than  for  the 
former;  being  a  matter  of  private  conscience  (but  a  crime 
nevertheless),  to  the  scruples  of  which  our  present  laws 
have  shown  a  very  just  and  Christian  indulgence  (noble 
magnanimity).  For  undoubtedly  all  persecution  and  op- 
pression of  weak  consciences  on  the  score  of  religious  per- 
suasions, are  highly  unjustifiable  upon  every  principle  of 
natural  reason,  civil  liberty  or  sound  religion  (I  never  could 
distinguish  the  difference  between  sound  and  unsound  re- 
ligion myself).  But  care  must  be  taken  not  to  carry  this 
indulgence  into  such  extremes  as  may  endanger  the  nation- 
al church  (a  precious  arm  of  the  government)  :  there  is 
always  a  difference  to  be  made  between  toleration  and  es- 
tablishment (something  like  our  newly  found  difference 
between  liberty  of  speech  and  license). 

Non-conformists  are  of  two  sorts:  first,  such  as  absent 
themselves  from  divine  worship  (a  truly  monstrous  crime) 
in  the  established  church  through  total  irreligion  and  at- 
tend the  service  of  no  other  persuasion.  These  by  the 
statutes  of  I  Eliz.  c.  2,  23  Eliz.  c.  1,  and  3  Jas.  I,  c.  4, 
forfeit  one  shilling  to  the  poor  (crumbs  for  the  poor  make 
a  good  excuse)  every  lord's  day  they  so  absent  themselves, 
and  £20  (four  hundred  times  one  shilling)  to  the  king 
(no  crumbs  this  time)  if  they  continue  such  default  for 
a  month  together.      And  if  tliey  keep  any  inmate,  thus  ir- 


The    Anarchist    Constitution.  127 

religiously  disposed,  in  their  houses  they  forfeit  £10  per 
month  (not  to  the  poor  this  time). 

P.  37.  Let  us  therefore  now  take  a  view  of  the  laws 
in  force  against  the  papists  (catholics)  ;  who  may  be  di- 
vided into  three  classes,  persons  professing  popery  (Catho- 
licism), popish  recusants  convict,  and  popish  priests.  1st. 
Persons  professing  the  popish  religion,  besides  the  former 
penalties  for  not  frequenting  their  parish  church,  are  dis- 
abled from  taking  their  lands,  either  by  descent  or  pur- 
chase, after  eighteen  years  of  age,  until  they  renounce  their 
errors;  they  must  at  the  age  of  twenty-one  register  their 
estates,  before  acquired,  and  all  future  conveyances  and 
wills  relating  to  them;  *  *  they  may  not  keep  or 
teach  any  school  under  pain  of  perpetual  imprisonment; 
and  if  they  willingly  say  or  hear  mass  they  forfeit,  the  one 
two  hundred,  the  other  one  hundred,  marks,  and  each  shall 
suffer  a  year's  imprisonment  (how's  that  for  teaching  pro- 
testantism?). Thus  much  for  persons  who  from  the  mis- 
fortune of  family  prejudices  or  otherwise  have  conceived 
an  unhappy  (I  should  think  it  would  be)  attachment  to 
the  Eomish  church  from  their  infancy  (as  though  it  were 
their  fault)  and  publicly  profess  its  errors.  But  if  any 
evil  industry  is  used  to  rivet  these  errors  upon  them,  if 
any  person  sends  another  abroad,  to  be  educated  in  the 
popish  religion,  or  to  reside  in  any  religious  house  abroad 
for  that  purpose,  or  contributes  to  their  maintenance  when 
there;  both  the  sender,  the  sent  and  the  contributor,  are 
disabled  to  sue  in  law  or  equit}^,  to  be  executor  or  admin- 
istrator to  any  person,  to  take  any  legacy  or  deed  of  gift 
and  to  bear  any  office  in  the  realm,  and  shall  forfeit  all 
their  goods  and  chattels,  and  likewise  all  their  real-estate 
(and  they  shout  confiscation  at  anarchists)  for  life.  And 
where  these  errors  are  also  aggravated  by  apostacy  (back- 
sliding) or  perversion,  where  a  person  is  reconciled  to  the 
see  (pope)  of  Rome,  or  procures  others  to  be  reconciled, 
the  offense  amounts  to  high  treason.  2nd.  Popish  re- 
cugarits  convicted  in  a  court  of  law  of  not  attending  the  ser- 


128  The   Anarchist    Constitution. 

vices  of  the  church  of  England  are  subject  to  the  follow- 
ing disabilities,  penalties,  and  forfeitures  (the  difference 
between  forfeiture  and  confiscation  is  that  one  is  forfeiture 
and  the  other  confiscation,  though  which  is  which  I  have 
never  been  able  to  find  out),  over  and  above  those  before 
mentioned.  They  are  considered  (they  don't  say  by 
whom)  excommunicated;  they  can  hold  no  office  or  em- 
ployment; they  must  not  keep  arms  in  their  houses,  but 
the  same  may  be  seized  by  the  justice  of  the  peace ;  they 
may  not  come  within  ten  miles  of  London,  on  pain  of  £100 
(for  fear  London  might  learn  something)  ;  they  can 
bring  no  action  at  law,  or  suit  in  equity ;  they  are  not  per- 
mitted to  travel  above  five  miles  from  home  (for  fear 
they  might  get  away),  unless  by  license,  upon  pain  of 
forfeiting  all  their  goods  (and  this  seems  to  be  the  most 
important  of  all  in  ever}i;hing.  Goods  were  an  irresi  st- 
able temptation)  ;  and  they  may  not  come  to  court  under 
pain  of  £100  (also  tempting).  No  marriage  or  burial 
of  such  recusant,  or  baptism  of  his  child,  shall  be  had 
(how  frightful,  considering  that  was  required  in  the  soul 
directions)  otherwise  than  by  the  ministers  of  the  church 
of  England  (which  church  is  still  doing  a  flourishing 
business  at  the  same  old  stand),  under  other  severe  pen- 
alties (they  were  never  able  to  get  too  much  penalty  on 
any  thing) .  A  married  woman,  when  recusant,  shall  for- 
feit (or  have  confiscated)  two-thirds  of  her  dower  or  join- 
ture, may  not  be  executrix  to  her  husband,  nor  have  any 
part  of  his  goods  (those  goods  they  must  have)  ;  and  dur- 
ing the  coverture  (matrimony)  may  be  kept  in  prison, 
unless  her  husband  redeems  her  at  the  rate  of  £10  a 
month  or  the  third  part  of  all  his  lands.  And,  lastly  as 
a  feme  covert  (married  woman)  recusant  may  be  impris- 
oned, so  all  others  must,  within  three  months  after  convic- 
tion, either  submit  and  renounce  their  errors  (something 
like  Aguinaldo  had  to  renounce  his  after  he  was  captured) 
or,  if  required  so  to  do  l)y  four  justices,  must  nl)jurc  and 
renounce  the  realm  :   and  if  they  do  not  depart  (after  they 


The   Anarchist    Constitution.  129 

have  been  fleeced  of  all  they  have  of  coTirse),  or  if  they 
return  (which  they  were  not  likely  to  do  if  they  could  once 
get  away)  without  the  king^s  license,  they  shall  be  guilty 
of  felony  and  suffer  death  as  felons  without  the  benefit  of 
clergy.  There  is  also  an  inferior  species  of  recusancy  (re- 
fusing to  make  the  declaration  against  popery)  which,  if 
the  party  resides  within  ten  miles  of  London,  makes  him 
an  absolute  recusant  convict,  or,  if  at  a  greater  distance, 
suspends  him  from  having  any  seat  in  parliament,  keep- 
ing arms  in  his  house,  or  any  horse  above  the  value  of 
£5.  This  is  the  state,  by  the  laws  now  in  being  (about 
the  time  of  our  own  anarchistic  Boston  Tea  Party) .  But 
3rd,  the  remaining  species  or  degree,  viz :  popish  priests, 
are  in  a  still  more  dangerous  condition.  For  by  Statute 
II  and  12  W.  Ill,  c.  4,  popish  priests  or  bishops  celebrat- 
ing mass,  or  exercising  any  part  of  their  functions,  in 
England,  except  in  the  houses  of  ambassadors,  are  liable 
to  perpetual  imprisonment.  And  by  the  statute  27  Eliz. 
c.  2,  any  popish  priest,  born  in  the  dominions  of  the  crown 
of  England,  who  shall  come  over  hither  from  beyond  sea 
(unless  driven  by  stress  of  weather  and  tarrying  only  a 
reasonable  time)  or  shall  be  in  England  three  days  with- 
out conforming  and  taking  the  oaths  (frightful  things), 
is  guilty  of  high  treason:  and  all  persons  harboring  him 
are  guilty  of  felony  without  benefit  of  clergy. 

P.  42.  The  fourth  species  of  offenses,  therefore,  more 
immediately  against  God  (as  though  such  things  could  be 
infringements  of  the  rights  of  man)  and  religion  (anar- 
chists would  let  God  protect  his  religion  himself  and  con- 
fine their  efforts  to  protecting  the  rights  of  MEN,  which 
is  enough  to  keep  their  hands  full)  is  that  of  blasphemy 
against  the  almighty  (if  he  is  almighty  he  can  easily'  do 
his  own  protecting)  by  denying  his  being  (as  though  that 
would  hurt  him)  or  Providence;  or  by  contumelious 
(whatever  that  is)  reproaches  of  our  Savior  Christ  (and  to 
this  day  we  couldn't,  or  can't  seem  to,  get  along  without 
worshiping  a  bastard  who  has  been  dead  these  past  two 


130  The   Anarchist    Constitution. 

thousand  years.  But  when  I  use  the  word  bastard  I  do 
not  do  it  with  any  idea  of  reproach  for  Christ  was  proba- 
bly as  good  a  man  as  I  am  for  all  I  know  to  the  contrary. 
I  only  use  the  word  because  the  law  puts  it  in  my  mouth. 
I  do,  however,  hold  as  much  honor  and  respect  for  a  bas- 
tard as  I  do  for  the  highest  government  official  who  ever 
drew  the  breath  of  life  if  he  lives  as  honorable  a  life  as 
his  opportunities  will  permit).  ^\Tiither  also  may  be 
referred  all  profane  scoffing  at  the  holy  scripture  (no 
honest  man  can  call  it  holy  if  he  has  not  read  it  and  it  is 
my  opinion  that  no  man,  honest  or  dishonest,  will  call  it 
holy  if  he  has),  or  exposing  it  to  contempt  (its  good  name 
is  so  delicate  that  it  would  not  stand  much  exposing)  and 
ridicule  (it  might  be  ridiculous  if  it  were  not  taken  seri- 
ously). These  are  offenses  punishable  at  common  law 
(they  must  have  suspected  nothing  else  would  have  pre- 
vented them)  by  fine  and  imprisonment,  or  other  infamous 
corporal  punishment  (that  is  infamous  because  the  infamy 
rests  upon  the  punishers)  :  for  Christianity  (only  a  patch 
to  the  soul  directions)  is  part  of  the  laws  of  England  (a 
poor  recommendation  and  no  compliment  for  either.  Each 
was  in  pretty  bad  company,  to  say  the  least). 

Somewhat  allied  to  this,  though  in  an  inferior  degree, 
is  the  offense  of  profane  and  common  swearing  and  curs- 
ing (of  which  every  man  in  the  United  States  has  been 
guilty).  By  the  last  statute  against  which  19  Geo.  TI, 
c.  21,  which  repeals  all  former  ones,  every  laborer,  sailor, 
or  soldier,  profanely  swearing  or  cursing  shall  forfeit  1  s. ; 
every  other  person  under  the  degree  of  a  gentleman  (I  have 
never  been  able  to  learn  the  meaning  of  the  word)  2  s;  and 
every  gentleman  or  person  of  superior  rank  5  s.  to  the  poor 
of  the  parish  (more  crumbs  for  the  poor)  ;  and,  on  the  sec- 
ond conviction,  double;  and,  for  every  subsequent  offense, 
treble  the  sum  fir.st  forfeited;  with  all  charges  of  convic- 
tion :  and  in  default  of  payment  shall  be  sent  to  the  house 
of  correction  for  ten  days.  Any  justice  of  the  peace  may 
convict  upon  his  own  hearing,  or  the  testimony  of  one  wit- 


The   Anarchist    Constitution.  131 

ness;  and  any  constable  or  peace  officer,  upon  his  own 
hearing,  may  secure  any  offender  and  carry  him  before  a 
justice  and  there  convict  him  (we  still  have  these  laws 
against  swearing  in  parts  of  the  United  States  to  this  day. 
The  following  is  a  foot-note  and  not  part  of  the  text: 
"The  conviction  must  be  within  eight  days  after  the  of- 
fense. Each  oath  or  curse  being  a  distinct  complete  of- 
fense, there  can  be  no  question,  I  conceive,  but  a  person 
may  incur  any  number  of  penalties  in  one  day,  though 
Dr.  Burn  doubts  whether  any  number  of  oaths  or  curses 
in  one  day  amounts  to  more  than  one  offense.")  If  the 
justice  omits  his  duty  (that  is  fails  to  convict),  he  forfeits 
£5  and  the  constable  40  s.  and  the  act  is  to  be  read  in  all 
parish  churches  and  public  chapels  the  Sunday  after  every 
quarter-day  on  pain  of  £5  to  be  levied  by  warrant  from 
any  justice.  Besides  this  punishment  for  taking  God's 
name  in  vain  in  common  discourse  it  is  enacted  by  statute 
3  Jas.  I,  c.  21,  that  if  in  any  stage  play,  interlude  or  show 
the  name  of  the  holy  trinity,  or  any  of  the  persons  therein 
(though  there  is  only  one  God — about  three  too  many), 
be  jestingly  (it  was  hard  enough  to  keep  a  straight  face 
in  handing  out  such  rot,  apparently,  without  permitting 
any  one  to  be  guilty  of  the  heinous  crime  of  cracking  a 
joke)  or  profanely  used,  the  offender  shall  forfeit  £10 
one  moiety  (by  moiety  they  mean  half  but  do  not  like  to 
say  so)  to  the  king  and  the  other  to  the  informer. 

A  sixth  species  of  offense  against  God  (who  could  not 
be  trusted  to  punish  offenses  against  him  for  himself) 
and  religion  (it  was  indeed  a  serious  crime  not  to  be 
superstitious),  of  which  our  ancient  books  are  full,  is 
a  crime  of  which  one  knows  not  well  what  account  to  give 
(though  of  course  it  was  necessary  to  punish  people  for 
it).  I  mean  the  offense  of  witchcraft,  conjuration,  en- 
chantment or  sorcery.  To  deny  the  possibility,  nay,  ac- 
tual existence  of  witchcraft  and  sorcery  is  at  once  flatly 
to  contradict  the  revealed  word  of  God  (or  soul  directions 
which  you,  reader,  must  not  contradict  or  you  forfeit  the 


132  The    Anarchist    Constitution. 

good  health  part  of  the  guarantee),  in  various  passages 
both  of  the  old  (we  can't  get  along  without  old  things  be- 
cause we  might  not  look  natural  in  a  new  pair  of  pants) 
and  new  (now  almost  as  old  as  the  hills)  testament:  and 
the  thing  itself  is  a  truth  (as  much  as  the  passages  of  both 
the  old  and  new  testament)  to  which  every  nation  (or 
branch  of  the  social  family)  in  the  world  hath  in  its  turn 
borne  (interested  and  perjured)  testimony,  either  by  exam- 
ples seemingly  well  attested  (by  tht)se  anxious  to  keep  the 
people  in  fear  of  such  shadows),  or  by  prohibitory  laws 
(which  would  have  lots  of  power  over  those  able  to  suspend 
the  laws  of  nature)  ;  which,  at  least,  suppose  (and  teach 
for  a  purpose)  the  possibility  of  commerce  with  evil 
spirits  (not  merely  alcoholic).  The  civil  law  punished 
with  death  (a  favorite  punishment  of  thinkers  and  in- 
vestigators in  all  ages)  not  only  the  sorcerers  themselves 
but  also  those  who  consult  them  (so  as  to  get  rid  of  any 
undesirable  person  who  may  have  inadvertently  spoken  to 
one  afterwards  alleged  to  be  a  sorcerer),  imitating  in  the 
former  the  express  law  (soul  directions)  of  God  (formerly 
known  as  Eichard  Eoe)  :  "Thou  shalt  not  suffer  a  witch 
to  live."  And  our  own  laws,  both  before  and  since  the 
conquest,  have  been  equally  penal;  ranking  this  crime  in 
the  same  class  with  heresy  (the  frightful  crime  of  think- 
ing), and  condemning  both  to  the  flames  (burning  to 
death  used  to  be  a  favorite  sport  and  pastime  with  those 
who  governed  and  the  general  effect  of  this  simple  pro- 
cess was  quite  as  awe-inspiring  as  turning  on  a  current 
and  then  merely  burning  up  the  body  in  quicklime  and 
sulphuric  acid).  The  President  Montesquieu  ranks  them 
also  both  together,  but  with  a  very  different  view  (the  view 
was  an  important  factor  to  those  who  were  burned)  :  lay- 
ing it  down  as  an  important  maxim,  that  we  ought  to  be 
very  circumspect  in  the  prosecution  of  magic  and  heresy; 
because  the  most  unexceptional  conduct,  the  purest  morals, 
and  the  constant  practice  of  every  duty  in  life,  are  not  a 
sufficient   security   against   the   suspicion    of   crimes   like 


The   Anarchist    Constitution.  133 

these  (notice  how  identical  this  argument  is  with  onr  pres- 
ent day  practice  of  giving  the  law  to  one  side  and  the  de- 
cision to  the  other).  And  indeed  the  ridiculous  stories 
that  are  generally  told,  and  many  impostures  and  delu- 
sions that  have  been  discovered  in  all  ages,  are  enough 
to  demolish  all  faith  in  such  a  dubious  crime ;  if  (notice  they 
ALWAYS  find  an  "if"  after  every  reasonable  argument) 
the  contrary  evidence  were  not  also  extremely  strong. 
Wherefore  it  seems  to  be  the  most  eligible  way  to  con- 
clude, with  an  ingenious  writer  of  our  own,  that  in  general 
there  has  been  such  a  thing  as  witchcraft;  though  one  can 
not  give  credit  to  any  particular  modern  instance  of  it 
(like  the  god  manufacturing  business;  wherefore  it  seems 
to  be  the  most  eligible  way  to  conclude  that  in  general 
there  has  been  such  a  thing  as  the  manufacture  of  gods, 
though  one  can  not  give  credit  to  any  particular  modern 
instance  of  it). 

Our  forefathers  were  stronger  believers,  when  they  en- 
acted by  statute  33  Henry  VIII,  c.  8,  all  witchcraft  and 
sorcery  to  be  felony  without  benefit  of  clergy;  and  again 
by  statute  1  Jas.  I,  c.  12,  that  all  persons  invoking  any  evil 
spirits  (alcohol  is  not  referred  to),  or  consulting,  conve- 
nanting  with,  entertaining,  employing  or  rewarding  any 
evil  spirit;  or  taking  up  dead  bodies  from  their  graves 
(dead  bodies  seemed  to  give  them  a  chill  for  which  they, 
apparently,  had  no  remedy)  to  be  used  in  any  witchcraft, 
sorcery,  charm  or  enchantment;  or  killing  or  otherwise 
hurting  any  person  by  such  infernal  arts,  should  be  guilty 
of  felony  without  benefit  of  clergy  and  suffer  death.  And 
if  any  person  should  attempt  by  sorcery  to  discover  hidden 
treasure  (they  evidently  didn't  like  treasure  seekers), 
or  to  restore  stolen  goods  (restoration  of  stolen  goods  was 
as  tender  a  subject  with  them  as  the  restoration  of  stolen 
land  is  to-day),  or  to  provoke  unlawful  love  (unlawful  love 
is  a  self-evident  absurdity  in  itself  to  all  except  those  who 
are  not  entitled  to,  or  unable  to  get,  any  love  at  all),  or 
to  hurt  any  man  or  beast,  though  the  same  were  not  af- 


134  The    Anarchist    Constitution. 

fected,  he  or  she  should  suffer  imprisonment  and  pillory 
for  the  first  offense  and  death  for  the  second.  These  acts 
continued  in  force  till  lately  to  the  terror  of  all  ancient 
females  (for  whom  Blackstone  had  little  respect)  in  the 
kingdom:  and  many  poor  wretches  were  sacrificed  (not 
sacrifice  at  the  time  but  only  execution;  of  course  subse- 
quent generations  called  it  sacrifice)  thereby  to  the  preju- 
dice of  their  neighbors  (or  government),  and  their  own 
illusions;  not  a  few  having,  by  some  means  or  other  (we 
still  possess  those  means  to  this  day),  confessed  the  fact 
at  the  gallows. 

P.  44.  Profanation  of  the  lord^s  day,  vulgularly  (but 
improperly  )  called  sabbath  hreaking,  is  a  ninth  offense 
against  God  (which  he  could  not  prevent  himself)  and  re- 
ligion (and  still  an  offense  in  most  parts  of  the  United 
States  though  fortunately  not  in  California.  I  have  seen 
innocent  and  happy  children  made  most  unhappy  by  being 
arrested  FOE  PLAYING  BASE-BALL  on  Sunday),  pun- 
ished by  the  municipal  law  of  England. 

P.  46.  Footnote.  Publicly  selling  and  buying  a  wife 
is  clearly  an  indictable  offense';  and  many  prosecutions 
against  husbands  for  selling,  and  others  for  buying,  have 
recently  been  sustained,  and  imprisonment  for  SIX 
MONTHS  inflicted  (compare  this  with  the  death  penalty 
for  the  felony  of  stealing  more  than  one  shilling,  or 
twenty-five  cents,  farther  on).  Procuring,  or  endeavoring 
to  procure,  the  seduction  of  a  girl  SEEMS  indictable. 

P.  61.  And  yet  so  little  effect  have  over  violent  laws 
to  prevent  any  crime  (he  spoke  from  experience)  that 
within  two  years  afterwards  this  very  prince  was  both  de- 
posed and  murdered  (not  like  William  McKinley).  And 
in  the  first  year  of  his  successor's  reign,  an  act  was  passed 
reciting :  "that  no  man  knew  how  he  ought  to  behave  him- 
self, to  do,  speak  or  say,  etc."  (which  is  the  case  to-day). 

P.  Q>Qi.  It  is  now  time  to  pass  on  from  defining  the 
crime  (  ?)  to  describing  its  punisliment  (in  every  fiendish 
detail  of  which  they  took  sucli  a  keen  delight).      The  pun- 


The    Anarchist    Constitution.  135 

ishment  of  high  treason  (or  the  crime  of  desiring  a  differ- 
ent and  better  government)  in  general  is  very  solemn  (to 
the  victim)  and  terrible  (well,  I  wonder).  1st.  That 
the  offender  be  drawn  to  the  gallows,  and  not  be  carried  or 
walk:  though  usually  (by  connivance,  at  length  ripened 
by  humanity  into  law)  a  sledge  or  hurdle  is  allowed,  to 
preserve  (for  a  worse  fate)  the  offender  from  the  extreme 
torment  of  being  dragged  on  the  ground  or  pavement. 
2nd.  That  he  be  hanged  by  the  neck,  and  then  cut  down 
alive.  3rd.  That  his  entrails  be  taken  out  and  burned, 
while  he  is  yet  alive  (though  a  sledge  or  hurdle  is  allowed 
to  carry  him  to  the  gallows  by  connivance,  at  length  ri- 
pened BY  HUMANITY  into  law) .  4th.  That  his  head 
be  cut  off.  5th.  That  his  body  be  divided  into  four  parts. 
6th.  That  his  head  and  quarters  be  at  the  king^s  disposal 
(we  can't  learn  for  what  purpose).  *  *  *  *  jjj 
the  case  of  coining,  which  is  a  treason  of  a  different 
complexion  (they  had  all  the  complexions  of  the  rainbow 
for  every  phase  of  all  human  actions  and  we  are  not 
far  behind  them)  from  the  rest,  the  punishment  is  milder 
for  male  offenders  (the  males  made  all  the  law  as  do  we)  ; 
being  only  (ONLY)  to  be  drawn  and  hanged  by  the  neck 
until  dead.  But  in  treason  of  every  kind  the  punishment 
of  woman  is  the  same,  and  different  from  that  of 
man.  For  as  the  decency  due  to  the  sex  (which  they 
didn't  have  in  any  over- abundant  degree)  forbids  the  ex- 
posing and  publicly  mangling  their  bodies  (which  they 
considered  was  the  limit  of  decency  due  to  the  sex),  their 
sentence  (which  is  to  the  full  as  terrible  to  the  sensation 
as  the  other — his  own  parenthesis)  is  to  be  drawn  to  the 
gallows,  and  there  to  be  burned  alive. 

P.  87.  Besides  thus  taking  the  oaths  for  office,  any 
two  justices  of  the  peace  may  by  the  same  statute  sum- 
mon, and  tender  the  oaths  to,  any  person  whom  they  shall 
suspect  to  be  disaffected:  and  every  person  refusing  the 
same,  who  is  properly  called  a  non-juror  (non-swearer), 
shall  be  judged  a  popish  recusant  convict,  and  subject  to 


136  The    Anarchist    Constitution. 

the  same  penalties  that  were  mentioned  in  a  former  chap- 
ter; which  in  the  end  may  amount  to  the  alternative  of 
abjuring  the  realm  or  suffering  death  as  a  felon  (Hob's 
choice  so  to  speak). 

P.  107.  For  it  is  enacted  by  statutes  5  and  6  Edw.  VI. 
c.  4,  that  if  any  person  shall,  by  words  only,  quarrel,  chide 
or  brawl,  in  a  church  or  church-yard,  the  ordinary  shall 
suspend  him,  if  a  layman,  db  ingressu  ecclesiae  (from  ad- 
mission to  the  church)  ;  and,  if  a  clerk  in  orders,  from  the 
ministration  of  his  office  during  pleasure.  And  if  any 
person  in  such  church  or  church-yard  (splendid  haven  for 
gossipers  and  insulters  of  women)  proceeds  to  smite  or 
lay  violent  hands  upon  another,  he  shall  be  excommuni- 
cated ipso  facto  (automatically)  ;  or  if  he  strikes  him  with 
a  weapon  (regardles's  of  the  provocation),  or  draws  any 
weapon  with  intent  to  strike  (regardless  of  any  difference 
in  size  or  strength  or  sex),  he  shall,  besides  excommunica- 
tion (being  convicted  by  a  jury — which  was  as  much  of 
a  farce  then  as  now),  have  one  of  his  ears  cut  off:  or,  hav- 
ing no  ears,  be  branded  with  the  letter  F  (presumably  for 
felon)  in  his  cheek. 

P.  114.  Offenses  against  public  trade,  like  those  of  the 
preceding  classes,  are  either  felonious  or  not  felonious 
(like  people  who  are  either  dead  or  not  dead). 

Of  the  first  sort  are : 

1st.  Owling,  so-called  from  its  being  usually  carried 
on  in  the  night,  which  is  the  offense  of  transporting  wool 
or  sheep  out  of  this  kingdom,  to  the  detriment  of  its 
staple  manufacture  (should  have  said  to  the  detriment 
of  the  manufacturer  who  might  otherwise  have  to  pay 
the  market,  or  fair,  price  for  wool).  This  was  forbidden 
at  common  law  and  more  particularly  by  statute  II  Edw 
III,  c.  1,  when  the  importance  of  our  woolen  manufacture 
(and  the  especial  friendship  and  favoritism  towards  the 
woolen  manufacturer)  was  first  attended  to;  and  there  are 
now  many  statutes  relating  to  this  offense,  the  most  use- 
ful   (to  the   manufacturer)    and   principal   of  which   are 


The    Anarchist    Constitution.  131' 

those  enacted  in  the  reign  of  queen  Elizabeth,  and  since. 
The  statute  of  8  Eliz.  c.  3,  makes  the  transportation  of 
live  sheep,  or  embarking  them  on  board  any  ship,  for  the 
first  offense,  forfeiture  (or  confiscation)  of  goods  and  im- 
prisonment for  a  year  and  that  at  the  end  of  the  year  the 
left  hand  shall  be  cut  off  in  some  public  market  (not  to 
confiscate  the  hand  for  meat)  and  shall  be  there  nailed  up 
in  the  openest  place :  and  the  second  offense  is  felony. 

P.  124.  A  third  species  of  felony  against  the  good  or- 
der and  economy  (about  which  they  were  very  solicitous) 
of  the  kingdom  is  by  idle  soldiers  and  mariners  wander- 
ing about  the  realm  (something  like  the  state  of  Califor- 
nia's— laughable  if  it  were  not  so  serious — definition  of 
vagrancy),  or  persons  pretending  so  to  be,  and  abusing 
the  name  of  that  honorable  (?)  profession.  Such  a  one 
not  having  a  testimonial  or  pass  from  the  justice  of  the 
peace,  limiting  the  time  of  his  passage,  or  exceeding  the 
time  limited  for  fourteen  days,  unless  he  falls  sick;  or 
forging  such  testimonial;  is  by  statute  39  Eliz,  c.  17,  made 
guilty  of  felony  without  benefit  of  clergy  (punishment, 
death  by  torture,  without  regard  to  particular  circum- 
stances). This  sanguinary  law,  though  in  practice  deser- 
vedly antiquated,  still  remains  a  disgrace  to  our  statute 
book  (but  in  all  his  1800  pages  of  comments  he  did  not 
find  half  a  dozen  "disgraces''  to  the  statute  book  and  none 
that  were  still  practised)  :  yet  attended  with  this  mitiga- 
tion, that  the  offender  may  be  delivered  if  any  honest  free- 
holder (land-lord)  or  other  person  of  substance  (wealth) 
will  take  him  into  his  service  (they  were  willing  to  substi- 
tute slavery  for  the  punishment  of  the  most  trifling  so- 
called  offenses),  and  he  abides  in  the  same  for  one  year; 
unless  licensed  to  depart  by  his  employer  (master)  who  in 
such  case  shall  forfeit  £10  (for  the  right  to  liberate  his 
slave) . 

(4)  Outlandish  persons  calling  themselves  Egyptians, 
or  gypsies  (an  honorable  class  of  social  victims),  are  an- 
other object  of  the  severity  of  some  of  our  unrepealed  stat- 


138  The    Anarchist    Constitution. 

utes.  These  are  a  strange  kind  of  commonwealth  among 
themselves  of  wandering  (enforced  wandering  seems  to 
have  been,  as  it  is  to  this  da}',  one  of  the  unpardonable 
sins)  impostors  and  jugglers  who  were  first  taken  notice 
of  in  Germany  (wlio  has  just  conferred  upon  us  the  in- 
estimable honor  of  allowing  a  German  prince  to  associate 
with  us  for  a  few  weeks)  about  the  middle  of  the  fifteenth 
century,  and  have  since  spread  themselves  all  over  Europe. 
Munster,  who  is  followed  and  relied  upon  by  Spelman,  and 
other  writers,  fixes  the  time  of  their  first  appearance  at 
the  year  1417 ;  under  the  passports,  real  or  pretended, 
from  the  emperor  Sigismund,  king  of  Hungary.  And 
Pope  Pius  II  (who  died  A.  D.  1464)  mentions  them  in 
his  history  as  thieves  and  vagabonds,  then  wandering  with 
their  families  (even  worse  than  wandering  without  fam- 
ilies) over  Europe  under  the  name  of  zigari;  and  whom 
he  supposes  to  have  migrated  from  the  country  of  Zigi. 
which  nearly  answers  to  the  modern  Circassia.  In  the 
compass  of  a  few  years  they  gained  such  a  number  of  idle 
proselytes  (who  imitated  their  language  and  complexion 
— as  easy  as  rolling  off  a  log — and  betook  themselves  to 
the  same  arts  of  chiromancy,  begging — still  a  most  hein- 
ous crime.  The  city  and  county  of  San  Francisco,  on 
June  5th,  1901,  dragged  a  sick  man,  barely  able  to  be  up, 
away  from  the  bedside  of  his  wife  who  was  seriously  ill 
in  bed  and  kept  him  over  night  in  a  damp  cell  on  the 
charge  of  PEEMITTING  a  minor  to  beg,  though  her  only 
offense  was  selling  papers  on  the  street  to  provide  some  of 
the  most  urgent  necessities  for  the  sick  motlier  which  the 
father  was  unable  to  provide — and  pilfering)  that  they  be- 
came troublesome  (the  wealthy  wlio  govern  can  never  sub- 
mit to  anything  that  is  troublesome),  and  even  formida- 
ble (a  few  gypsies  must  have  been  awful  "formidable"  to 
a  nation)  to  most  of  the  states  of  Europe.  Hence  they 
were  expelled  from  France  in  the  year  1560  and  from 
Spain  in  1591.  And  the  government  of  England  took  the 
alarm  (they  must  have  been  "alarmed")  much  earlier;  for 


The   Anarchist    Constitution.  139 

in  1530  they  are  described  by  statute  22  Henry  VIII,  c. 
10,  as  "outlandish"  (that's  what  the  Boers  called  the  Eng- 
lish a  little  later)  people,  calling  themselves  Egyptians; 
using  no  craft  nor  feat  of  merchandise,  who  have  come  into 
this  realm  (certainly  a  foolish  thing)  and  gone  from 
shire  to  shire  and  place  to  place  in  great  company,  and 
used  great,  subtle  and  crafty  means  to  deceive  people 
(they  were  not  describing  our  present  day  politicians) 
bearing  them  in  hand  that  they  by  palmistry  could  tell 
men's  and  women's  fortunes  (worse  than  our  present 
"manufacturers"  claiming  that  by  bottled  alcohol  and 
mercury  they  can  cure  people's  diseases)  ;  and  so  many 
times  by  craft  and  subtlety  have  deceived  the  people  (like 
our  own  politicians  and  business  men)  of  their  money 
(American  financiers  and  business  men  never  do  such 
things)  and  also  have  committed  many  heinous  felonies 
(why  not  just  punish  the  guilty  then  if  government  is 
capable  of  performing  the  ostensible  object  for  which  it 
exists)  and  robberies."  Wherefore  they  are  directed  to 
avoid  the  realm,  and  not  to  return  under  pain  of  impris- 
onment, and  forfeiture  of  their  goods  and  chattels  (they 
could  not  forget  to  confiscate  what  little  they  might  have)  : 
and  upon  their  trials  for  any  felony  which  they  may  have 
committed,  they  shall  not  be  entitled  to  a  jury  de  media- 
tate  linguae.  And  afterwards  it  is  enacted  by  statute  1 
and  2  Ph.  &  M.,  c.  4,  and  5  Eliz.,  c.  20,  that  if  any  such 
persons  shall  be  imported  into  this  kingdom,  the  importer 
shall  forfeit  £40  and  if  the  Egyptians  themselves  remain 
one  month  in  this  kingdom,  or  if  any  person,  being  four- 
teen years  old  (whether  natural  born  subject  or  stranger), 
which  have  been  seen  or  found  in  the  fellowship  of  such 
Egyptians,  or  which  hath  disguised  him  or. herself  like 
them,  shall  remain  in  the  same  one  month,  at  one  or  sev- 
eral times,  it  is  felony  without  benefit  of  clergy  (how  was 
this  for  an  exclusion  law?)  :  and  Sir  Mathew  Hale  informs 
us  that  at  one  Suffolk  assizes  no  less  than  thirteen  gypsies 
were  executed  upon  these  statutes  a  few  years  before  the 


140  The    Anarchist    Constitution. 

restoration  (how  the  iiends  must  have  enjoyed  them- 
selves). But  to  the  honor  of  our  national  humanity  (he 
said  it  with  a  straight  face  just  like  an  American  politi- 
cian talking  about  our  free  government  and  American 
institutions)  there  are  no  instances  more  modern  than  this 
of  carrying  these  laws  into  practice  (that  is  of  executing 
the  laws  they  are  sworn  to  execute). 

P.  128.  Lastly  a  common  scold,  communis  rixatrix 
(for  our  law  latin  confines  it  to  the  feminine  gender),  is 
a  public  nuisance  to  her  neighborhood.  For  which  of- 
fense she  may  be  indicted;  and  if  convicted,  shall  be  sen- 
tenced to  be  placed  in  a  certain  engine  of  correction  called 
the  trebucket,  castigatory,  or  cucking  stool,  which  in  the 
Saxon  language  (for  their  law  was  also  partly  in  the 
Saxon  language)  is  said  to  signify  the  scolding  stool; 
though  now  it  is  frequently  corrupted  into  ducking  stool. 
Ijecause  the  residue  of  the  judgment  is  that  when  she  is 
so  placed  therein  she  shall  be  plunged  in  the  water  for  her 
punishment  (a  sort  of  a  joke  with  the  punishers). 

P.  128.  Persons  harboring  vagrants  are  liable  to  a  fine 
of  forty  shillings  and  to  pay  all  expenses  wrought  upon 
the  parish  thereby  (how  easy  for  such  people)  :  in  the  same 
manner  as,  by  our  ancient  laws,  whoever  harbored  any 
stranger  for  more  than  two  nights  (no  wonder  they  wan- 
dered) was  answerable  to  the  public  for  any  offense  that 
such  his  inmate  might  commit. 

Under  the  head  of  public  economy  may  be  also  properly 
ranked  all  sumptuary  laws  against  luxury  and  extravagant 
(or  extra  vagrant)  expenses  in  dress,  diet  and  the  like; 
concerning  the  general  utility  of  which  to  a  state,  there  is 
much  controversy  among  the  political  writers.  Baron 
Montequieu  lays  it  down  that  luxury  is  necessary  in  mon- 
archies, as  in  France;  but  ruinous  to  democracies,  as  in 
Holland.  With  regard  therefore  to  England,  whose  gov- 
ernment is  compounded  of  both  species,  it  may  still  be 
a  dubious  question  hoAV  far  private  luxury  is  a  public  evil ; 
and  as  such  cognizable  by  public  laws.      And  indeed  our 


The    Anarchist    Constitution.  141 

legislators  have  several  times  changed  their  sentiments  as 
to  this  point ;  for  formerly  there  were  a  multitude  of  penal 
laws  existing  to  restrain  excess  in  apparel ;  chiefly  made  in 
the  reigns  of  Edward  the  Third,  Edward  the  Fourth  and 
Henry  the  Eighth,  against  piked  shoes,  short  doublets, 
and  long  coats;  all  of  which  were  repealed  by  statute  1 
Jas.  I,  c.  25.  But  as  to  excess  in  diet,  there  still  remains 
one  ancient  statute  unrepealed,  10  Edw.  Ill,  st.  3,  which 
ordains  that  no  man  shall  be  served,  at  dinner  or  supper^ 
with  more  than  two  courses;  except  upon  some  great  hol- 
idays there  specified  in  which  he  may  be  served  with  three 
(it  was  criminal  to  eat  more  and  anarchistic  to  want  to). 

P.  151.  If  any  woman  be  delivered  of  a  child  which, 
if  born  alive,  should  by  law  be  a  bastard  (there  would  be 
no  bastards  under  anarchy)  ;  and  endeavors  privately  to 
conceal  its  death,  by  burying  the  child  or  the  like;  the 
mother  so  offending  shall  suffer  death  (the  one  amuse- 
ment they  liked  better  than  all  others  was  putting  people 
to  death,  even  women  and  children)  as  in  the  case  of  mur- 
der unless  she  can  prove  by  one  witness  at  least  that  the 
child  was  actually  born  dead  (but  in  the  case  of  "legiti- 
mate" children  it  didn't  make  any  difference). 

P.  155.  The  punishment  of  murder  and  that  of  man- 
slaughter was  formerly  one  and  the  same;  both  having 
the  benefit  of  clergy  (or  exemption  from  punishment  if 
able  to  read)  ;  so  that  none  but  unlearned  persons,  who 
least  knew  the  guilt  of  it,  were  put  to  death  for  this  enor- 
mous crime. 

P.  158.  Next  in  order  of  time  is  the  statute  37  Henry 
VIII,  c.  6,  which  directs  that  if  a  man  shall  maliciously 
and  unlawfully  cut  off  the  ear  of  any  of  the  king's  sub- 
jects he  shall  not  only  forfeit  treble  damages  (however 
much  that  might  be  I  don't  know  and  Blackstone  didn't 
either)  to  the  party  aggrieved,  to  be  recovered  by  action 
of  trespass  (provided  the  victim  had  money  enough  to  win 
a  law-suit  for  it)  at  common  law,  as  a  civil  satisfaction; 
but  also  £10  by  way  of  fine  to  the  king  (to  whose  inter- 


142  The    Anarchist    Constitution. 

est  it  was  to  have  as  man}^  ears  cut  off  as  possible  at  £10 
per  ear),  which  was  his  criminal  amercement  (how  many 
people's  ears  could  J.  Pierpont  Morgan  cut  off  at  that 
rate  ?) . 

P.   191.     Our  ancient  Saxon  laws  nominally  punished 
theft  with   death    (their   old   standby  entertainment),   if 
above  the  value  of  twelve  pence  (twenty-five  cents) ;  but 
the  criminal  was  permitted  to  redeem  his  life  by  a  pecu- 
niary ransom   (which  only  the  professional  thieves  could 
pay)  ;  as  among  their  ancestors,  the  Germans,  by  a  stated 
number  of  cattle.      But  in  the  ninth  year  of  Henry  the 
First  this  power  of  redemption   (what  a  beautiful  patch) 
was  taken  away  and  all  persons  guilty  of  larceny  above 
the  value  of  twelve  pence  were  directed  to  be  hanged  (and 
a  hungry  wife  was  no  excuse)  ;  which  law  continues  in 
force  to  this  day.     For  though  the  inferior  species  of  theft  , 
or  petit  larceny,  is  only  punished  by  imprisonment  or  whip- 
ping  (as  in  Delaware)   at  common  law,  or  by  statute  4 
Geo.  I,  c.  II,  may  be  extended  to  transportation  for  seven 
years,  as  is  also  expressly  directed  in  the  case  of  the  plate 
glass  company  (one  of  the  many  favorites  like  some  of  our 
trusts  to-day),  yet  the  punishment  of  grand  larceny,  or 
the  stealing  above  the  value  of  twelve  pence  (which  sum 
was  the  standard  in  the  time  of  king  Athelstan,   eight 
hundred  years  ago),  is  at  common  law  regularly  death. 
\Vhich  considering  the  great  intermediate  alteration  in  the 
price  or  denomination  of  money,  is  undoubtedly  a  very  . 
rigorous    (that's    all — just     rigorous)     constitution;    and 
made  Sir  Henry  Spelman   (above  a  century  since,  when 
money  was  at  twice  its  present  rate)  complain,  that  while 
every  thing  else  was  risen  in  the  nominal  value,  and  be- 
come dearer,  the  life  of  man  had  continually  grown  cheap- 
er.    It  is  true  that  the  mercy  (that's  right,  call  it  mercy) 
of  juries  will  often  make  them  strain  a  point  (and  commit 
perjury  in  so  doing  just  like  an  anarchist)   and  bring  in 
larceny  to  be  under  the  value  of  twelve  pence,  when  it  is 
really  of  much  greater  value  (if  this  doesn't  illustrate  the 


The   Anarchist    Constitution.  143 

importance  of  juries  being  able  to  bring  in  a  verdict  and 
judgment  without  regard  to  the  law  which  defines  a 
crime  and  fixes  an  unjust  penalty  I  don^t  know  how  to  do 
it)  but  this,  though  evidently  justifiable  and  proper 
(which  it  would  be  only  to  an  anarchist),  when  it  only  re- 
duces the  present  nominal  value  of  money  to  the  ancient 
standard  (and  an  anarchist  would  say,  ancient  standard 
be  d ),  is  otherwise  a  kind  of  pious  per- 
jury (what  an  absurdity !  Perjury  is  worse  than  the  theft 
the  UNJUST  punishment  of  which  can  only  be  avoided  by 
the  jurors  all  becoming  anarchists  for  the  time  being  and 
defying  the  law  they  have  sworn  to  execute)  and  does  not 
at  all  excuse  our  common  law  in  this  respect  from  the 
imputation  (that's  what  he  said — only  imputation)  of 
severity,  but  rather  strongly  confesses  the  charge. 

P.  203.  By  statute  5  Eliz.  c.  14,  to  forge  or  make,  or 
knowingly  to  publish  or  give  in  evidence  any  forged  deed, 
court  roll,  or  will,  with  intent  to  affect  the  right  of  real 
property,  either  free-hold  or  copy-hold,  is  punished  by  a 
forfeiture  to  the  party  grieved  of  double  costs  and  dam- 
ages; by  standing  in  the  pillory,  and  having  both  his  ears 
cut  off  and  his  nostrils  slit  and  seared  (no  matter  if  there 
were  exceptional  circumstances  to  justify  it  or  the  con- 
viction was  obtained  by  doubtful  evidence  in  a  farcical 
jury  trial)  ;  by  forfeiture  to  the  crown  of  the  profits  of 
his  lands,  and  by  perpetual  imprisonment. 

P.  211.  First,  then,  the  justices  are  empowered  by 
the  statute  34,  Edw.  Ill,  c.  I,  to  bind  over  to  the  good  be- 
havior towards  the  king  and  his  people  all  them  that  he 
not  of  good  fame,  wherever  they  may  be  found;  to  the 
intent  that  the  people  be  not  troubled  nor  endangered, 
nor  the  peace  diminished,  nor  merchants  and  others,  pass- 
ing by  the  highways  of  the  realm,  be  disturbed  nor  put  in 
the  peril  which  MAY  happen  by  such  offenders.  Under 
the  general  words  of  this  expression,//?,a^  be  not  of  good 
fame,  it  is  holden  that  a  man  may  be  bound  to  his  good 
behavior  for  causes  of  scandal,  contra  bonos  mores  (against 


144  The   Anarchist    Constitution. 

good  morals),  as  well  as  contra  pacem  (against  the  peace)  ; 
as,  for  haunting  bawdy  houses  with  women  of  bad  fame; 
or  for  keeping  such  women  in  his  house;  or  for  words 
tending  to  scandalize  the  government  (the  good  name  of 
every  government  seems  to  be  so  shaky  that  criticism  seems 
to  cut  deep),  or  in  abuse  of  the  officers  of  justice  (poor 
officers  of  justice),  especially  in  the  execution  of  their 
office.  Thus,  also,  a  justice  may  bind  over  all  night- 
walkers;  eaves-droppers;  such  as  keep  suspicieus  com- 
pany, or  are  reported  to  be  pilferers  or  robbers  (without 
any  conviction) ;  such  as  sleep  in  the  day  and  wake  in  the 
night  (why  don't  they  simply  say  anybody  without  a 
pull  ?)  ;  common  drunkards,  whoremasters  (think  of 
merely  binding  over  to  keep  the  peace  whoremasters  who 
prey  upon  the  misfortunes  of  helpless  women  and  punish- 
ing with  death  the  husband  who  steals  twenty-five  cents 
from  a  rich  man  for  a  hungry  wife  or  baby)  ;  the  putative 
fathers  of  bastards;  cheats  (would  this  include  our  finan- 
ciers?) ;  idle  vagabonds  (would  this  include  William  Wal- 
dorf Astor?) ;  and  other  persons  whose  misbehavior  may 
reasonably  bring  them  within  the  general  words  of  the 
statutes,  as  persons  not  of  good  fame;  an  expression,  it 
must  be  owned,  of  so  great  a  latitude  as  leaves  much  to  be 
determined  by  the  discretion  of  the  magistrate  himself. 

P.  227.  These  are  plain,  easy  and  regular;  the  law 
not  admitting  any  fictions,  as  in  civil  cases,  to  take  place 
where  the  life,  the  liberty  (they  claimed  to  have  it  as 
much  as  we  do)  and  the  safety  of  the  subject  are  more 
immediately  brought  into  jeopardy. 

P.  265.  The  English  judgment  of  penance  for 
standing  mute  was  as  follows:  That  the  prisoner  be  re- 
manded to  the  prison  whence  he  came ;  and  put  into  a  low. 
dark  chamber;  and  there  be  laid  on  his  back,  on  the  bare 
floor,  naked,  unless  where  decency  forbids  (decency  should 
forbid  all  the  disgraceful  proceedings  of  law  but  it 
doesn't)  ;  that  there  be  placed  upon  his  body  as  great  a 
weight  of  iron  as  he  could  bear,  and  more ;  that  he  have  no 


The   Anarchist    Constitution.  145 

sustenance,  save  only,  on  the  first  day,  three  morsels  of  the 
worst  bread;  and,  on  the  second  day,  three  draughts  of 
standing  water,  that  should  be  nearest  to  the  prison  door; 
and  in  this  situation  this  should  be  alternately  his  daily 
diet  till  he  died. 

P.  276.  The  several  methods  of  trial  and  conviction  of 
offenders  established  by  the  laws  of  England  were  for- 
merly more  numerous  than  at  present  (that  is  less  anar- 
chistic), through  the  superstition  of  our  Saxon  ancestors 
(which  was  even  greater  than  the  superstition  in  America 
to-day) ;  who,  like  other  northern  nations,  were  extremely 
addicted  to  divination;  a  character  which  Tacitus  observes 
of  the  ancient  Germans.  They,  THEEEFOEE,  in- 
vented a  considerable  number  of  methods  of  purgation 
or  trial  to  preserve  innocence  from  the  danger  of  false 
witnesses  (from  my  observation,  I  think  we  need  a  consid- 
erable number  of  methods  of  preserving  innocence  from  the 
danger  of  false  witnesses  which  we  don't  have),  and  in 
consequence  of  a  notion  that  God  would  always  interpose 
miraculously  to  vindicate  the  guiltless  (the  soul  directions 
said  he  would). 

The  most  ancient  species  of  trial  was  that  of  ordeal. 
which  was  peculiarly  distinguished  from  the  appellation  of 
judicium  Dei  (judgment  of  God)  ;  and  sometimes  vul- 
garis purgatio  (vulgar  purgation),  to  distinguish  it  from 
the  canonical  purgation,  which  was  by  oath  of  the  party. 
This  was  of  two  sorts,  either  fire  ordeal,  or  water  ordeal; 
the  former  being  confined  to  persons  of  higher  rank,  the 
latter  to  the  common  people  (because  it  was  easy  to 
evade  the  former  and  impossible  to  evade  the  latter). 
Both  these  might  be  performed  by  deputy;  but  the  princi- 
pal was  to  answer  for  the  success  of  the  trial;  the  deputy 
only  venturing  some  corporal  pain  for  hire,  or  perhaps 
for  friendship.  Fire  ordeal  was  performed  either  by  tak- 
ing up  in  the  hand,  unhurt,  a  piece  of  red-hot  iron  of  one. 
two  or  three  pounds  weight;  or  else  by  walking  barefoot 
and    blindfold,    over    nine   red-hot    plough-shares,    laid 


146  The   Anarchist    Constitution. 

lengthwise  at  unequal  distances;  and  if  the  party  escaped 
being  hurt  he  was  adjudged  innocent;  but  if  it  happened 
otherwise  as,  without  collusion,  it  usually  did  (notwith- 
standing the  soul  directions  said  it  wouldn't)  he  was  then 
condemned  as  guilty.  However,  by  this  latter  method 
Queen  Emma,  the  mother  of  Edward  the  Confessor,  is 
mentioned  to  have  cleared  her  character,  when  suspected 
of  familiarity  with  Alwyn,  bishop  of  Winchester  (easy 
enough  for  a  queen  to  do  or  any  of  the  few  but  impossible 
for  any  of  the  many). 

Water  ordeal  was  performed  either  by  plunging  the 
bare  arm  up  to  the  elbow  in  boiling  water  (the  fire  under 
the  water  would  be  apt  to  be  pretty  low  for  any  of  the  few. 
but  plenty  hot  enough  for  any  of  the  many)  and  escaping 
unhurt  thereby,  or  by  casting  the  person  suspected  into 
a  river  or  pond  of  cold  water;  and,  if  he  floated  therein 
without  any  action  of  swimming  it  was  deemed  an  evi- 
dence of  his  guilt;  but  if  sank  (and  drowned),  he  was 
acquitted  (no  chance  for  collusion  here;  therefore  this 
was  for  the  common  people  only.  Persons  of  rank — ^the 
few — had  the  other  ordeal  so  they  might  clear  themselves 
by  collusion.  This  water  ordeal  was  practised  in  Massa- 
chusetts by  the  "Puritans"  on  those  accused  of  witchcraft, 
and  it  was  better,  even  for  those  who  could  swim,  to  sink 
and  drown  than  be  adjudged  guilty  as  he  otherwise  would 
be.  In  our  present  semi-anarchistic  jurisprudence  the  op- 
portunities for  the  few  to  evade  the  law  intended  only 
for  the  many  are  buried  so  deep  in  our  statute  books  that 
the  many  do  not  even  know  of  their  existence,  but  they 
exist  nevertheless).  It  is  easy  to  trace  out  the  traditional 
relics  of  this  water  ordeal  in  the  ignorant  barbarity  still 
practiced  in  many  countries  to  discover  witches  by  casting 
them  into  a  pool  of  water,  and  drowning  them  to  prove 
their   innocence. 

These  two  antiquated  methods  of  trial  were  principally 
in  use  among  our  Saxon  ancestors.     The  next,  which  still 


The    Anarchist    Constitution.  147 

remains  among  us,  to  the  princes  of  the  N'orman  line. 
And  that  iS;, 

III.  The  trial  by  battle,  duel  or  single  combat,  which 
was  another  species  of  presumptuous  appeals  to  providence 
under  an  expectation  that  Heaven  would  unquestionably 
give  the  victory  to  the  innocent  or  injured  party  (about 
like  our  present  presumption  in  America  that  the  God  of 
Justice — or  money — will  give  the  victory  in  a  legal  battle 
to  the  innocent  or  injured  party).  The  nature  of  this 
trial  in  cases  of  civil  injury,  upon  issue  joined  in  a  writ 
of  right  was  fully  discussed  in  the  preceding  book,  to 
which  I  have  only  to  add  that  the  trial  by  battle  may  be 
demanded  at  the  election  of  the  appellee,  in  either  an 
appeal  or  an  approvement;  and  that  it  is  carried  on  with 
equal  solemnity  (did  you  ever  notice  the  solemnity  of  the 
farce  in  our  courts  of  to-day?)  as  that  on  a  writ  of  right; 
but  with  this  difference,  that  there  each  party  might  hire 
a  champion,  but  here  they  must  fight  in  their  proper  per- 
sons (and  how  the  sanctimonious  government  officials 
enjoyed  it).  And  therefore  if  the  appellant  or  approver 
be  a  woman,  a  priest,  an  infant,  or  of  the  age  of  sixty 
(what  a  snap  for  a  man  of  twenty-five  against  one  of 
fifty-nine  or  a  giant  against  a  dwarf),  or  lame  or  blind, 
he  or  she  may  counterplead  and  refuse  the  wager  of 
battle;  and  compel  the  appellee  to  put  himself  upon  the 
country  (that  is  a  farce  trial  by  jury).  Also  peers  of  the 
realm  (so  as  to  exempt  the  few  for  the  laws  intended  for 
the  government  of  the  many),  bringing  an  appeal,  shall 
not  be  challenged  to  wage  battle,  on  account  of  the  dignity 
(or  imbecility)  of  their  persons;  nor  the  citizens  of  Lon- 
don (a  favored  locality  similar  to  our  Wall  street),  by 
special  charter  (anarchists  are  opposed  to  favoritism  by 
charter  or  otherwise)  because  (a  because  can  be  found  for 
any  injustice  on  the  face  of  the  earth)  fighting  seems 
foreign  to  their  education  (  which  was  denied  to  others) 
and  (lack  of)  employment.  So  likewise  if  the  crime  be 
notorious;  as  if  the  thief  be  taken  with  a  Mainour,  or  the 


148  The   Anarchist    Constitution. 

murderer  in  the  room  (but  not  in  the  hall- way  or  outside) 
with  a  bloody  knife  (human  blood  or  chicken  blood  alike), 
the  appellant  may  refuse  the  tender  of  battle  from  the 
appellee^  for  it  is  unreasonable  (though  the  rest  of  the 
farce  was  reasonable)  that  an  innocent  man  should  stake 
his  life  against  one  who  is  already  half  convicted. 

The  form  and  manner  of  waging  battle  upon  appeals 
are  much  the  same  as  upon  a  writ  of  right;  only  the  oaths 
of  the  two  combatants  are  vastly  more  striking  and  sol- 
emn (they  couldn't  leave  the  solemn  part  out  of  the  farce 
any  more  than  we  can).  The  appellee,  when  appealed 
of  felony,  pleads  not  guilty  (sounds  familiar),  and 
throws  down  his  glove  and  declares  he  will  defend  the 
same  by  his  body;  the  appellant  takes  up  the  glove,  and 
replies  that  he  is  ready  to  make  good  the  appeal,  body  for 
body.  And  thereupon  the  appellee,  taking  the  book  (of 
soul  directions)  in  his  right  hand,  and  in  his  left  the  right 
hand  of  his  atagonist,  swears  to  this  effect:  "Hear  this, 
0  man,  whom  I  hold  by  the  hand,  who  callest  thyself  John 
by  the  name  of  baptism,  that  I,  who  call  myself  Thomas 
by  the  name  of  baptism  (no  more  farcical  than  our  pres- 
ent jurisprudence),  did  not  feloniously  murder  thy  father^ 
William  by  name,  nor  am  any  way  guilty  of  the  said  fel- 
ony. So  help  me  God,  and  the  saints  (we  still  hang  on  to 
this  help  nie  God  business  though  we  have  cut  out  the 
saints)  ;  and  this  I  will  defend  against  thee  by  my  body, 
as  this  court  shall  award."  To  which  tlie  appellant  re- 
plies, holding  the  bible  (we  still  hang  onto  our  bible,  and 
in  some  states  even  require  witnesses  to  prostitute  their 
lips  by  kissing  the  filthy  book  although  everybody  makes 
it  a  point  not  to  know  what  is  in  it),  and  his  antagonist's 
hand  in  the  same  manner  as  the  other:  "Hear  this,  0 
man,  whom  I  hold  by  the  hand,  who  callest  thyself  Thomas 
by  name  of  baptism  (we  still  hang  on  to  our  baptism  too. 
and  to  the  shame  of  our  cowardly  fathers  and  brothers,, 
allow  our  young  daughters  and  sisters  to  be  immersed  in 
streams  and  ponds  where  the  ice  has  to  be  broken  for  the 


The    Anarchist    Constitution.  149 

purpose)  that  thou  art  perjured;  and  therefore  perjured, 
because  that  thou  feloniously  didst  murder  my  father. 
William  by  name.  So  help  me  God,  and  the  saints  (some 
of  us  even  hang  on  to  the  saints  to  this  day)  ;  and  this  I 
will  prove  against  thee  by  my  body,  as  this  court  shall 
award."  The  battle  is  then  to  be  fought  with  the  same 
weapons,  viz. :  batons,  the  same  solemnity,  and  the  same 
oath  (we  are  still  fond  of  oaths)  against  amulets  and 
sorcery,  that  are  used  in  the  civil  combat;  and  if  the  ap- 
pellee be  so  far  vanquished,  that  he  cannot  or  will  not 
fight  any  longer,  he  shall  be  adjudged  to  be  hanged  imme- 
diately ;  and  then,  as  well  as  if  he  be  killed  in  battle,  provi- 
dence is  deemed  to  have  determined  in  favor  of  the  truth 
(the  same  as  a  court  of  the  present  day  is  DEEMED  to 
have  determined  in  favor  of  the  truth),  and  his  blood 
shall  be  attainted  (so  as  to  punish  the  innocent  also,  as- 
suming that  he  was  himself  guilty).  But  if  he  kills  the 
appellant  (thereby  adding  another  crime),  or  can  main- 
tain the  fight  from  sunrising  till  the  stars  appear  in  the 
evening  (something  like  maintaining  a  legal  fight  at 
present  till  the  other  side's  money  gives  out),  he  shall 
be  acquitted.  So  also  if  the  appellant  becomes  recreant, 
and  pronounces  the  horrible  word  craven  he  shall  lose  his 
liheram  legem  (lawful  liberty)  and  become  infamous;  and 
the  appellee  shall  recover  his  damages  (provided  he  is 
able),  and  also  be  forever  quit,  not  only  of  the  appeal,  but 
of  all  indictments  likewise,  for  the  same  offense. 

P.  295.  A  learned  judge,  in  the  beginning  of  the  last 
century,  remarks  with  much  indignation  the  vast  compli- 
cation of  perjury  and  subornation  of  perjury  in  this  sol- 
emn farce  of  a  mock  trial;  the  witnesses,  the  compurga- 
tors, and  the  jury,  being  all  of  them  partakers  in  the  guilt: 
the  delinquent  party  also,  though  convicted  before  on  the 
clearest  evidence,  and  conscious  of  his  own  offense,  yet 
was  permitted  and  almost  compelled  to  swear  himself  not 
guilty;  nor  was  the  good  bishop  himself,  under  whose 
countenance  this   scene   of   wickedness   was   daily  trans- 


150  The    Axarchist    Constitution. 

acted,  by  any  means  exempt  from  a  share  of  it.  And  yet 
by  this  purgation  the  party  was  restored  to  his  credit,  his 
liberty,  his  lands,  and  his  capacity  for  purchasing  afresh, 
and  was  entirely  made  a  new  and  innocent  man. 

'This  scandalous  prostitution  of  oaths,  and  the  forms 
of  justice,  in  the  almost  constant  acquittal  of  felonious 
clerks  (clergymen)  by  purgation,  was  the  occasion  that, 
upon  very  heinous  and  notorious  circumstances  of  guilt. 
the  temporal  courts  would  not  trust  the  ordinary  with  the 
trial  of  the  offender,  but  delivered  over  to  him  the  con- 
victed clerk  (clerk  means  clergyman),  absque  purgatione 
facienda  (without  right  of  purgation),  in  which  situation 
the  clerk  convict  could  not  make  purgation,  but  was  to 
continue  in  prison  during  life,  and  was  incapable  of  ac- 
quiring any  personal  property,  or  receiving  the  profits  of 
his  lands,  unless  the  king  should  please  to  pardon  him 
(which  he  would  have  to  do  or  fight  the  whole  organization 
of  professors  of  the  soul  directions  the  same  as  our  Presi- 
dent or  governor  would  have  to  pardon  J.  Pierpont  Mor- 
gan or  fight  the  whole  Wall  street  combination).  Both 
these  courses  were  in  some  degree  exceptionable;  the  lat- 
ter being  perhaps  too  rigid,  as  the  former  was  productive 
of  the  most  abandoned  perjury.  As  therefore  these  mock 
trials  took  their  rise  from  factious  and  popish  tenets^ 
tending  to  exempt  one  part  of  the  nation  from  the  general 
municipal  law;  it  became  high  time,  when  the  reformation 
was  thoroughly  established,  to  abolish  so  vain  and  impious 
a  ceremony. 

P.  296.  Accordingly  the  statute  of  18  Eliz.,  c.  7,  en- 
acts that,  for  the  avoiding  of  such  perjuries  and  abuses, 
after  the  offender  has  been  allowed  his  clergy,  he  shall  not 
be  delivered  to  tbe  ordinary,  as  formerly;  but  upon  such 
allowance  and  burning  in  the  hand,  he  shall  forthwith  be 
enlarged  (liberated)  and  delivered  out  of  prison;  with 
proviso,  that  the  judge  may,  if  he  thinks  fit,  continue  the 
offender  in  jail  for  any  time  not  exceeding  a  year.  And. 
thus  the  law  continued,  for  above  a  century,  unaltered,  ex- 


The    Anarchist    Constitution.  151 

cept  only  that  the  statute  of  21  Jas.  I,  c.  6,  allowed  that 
women  convicted  of  simple  larcenies  under  the  value  of  ten 
shillings  should  (not  properly  have  the  benefit  of  clergy, 
for  they  were  not  called  upon  to  read;  but)  be  burned  in 
the  hand  and  whipped  (no  mention  here  of  the  decency  due 
to  the  sex),  stocked  or  imprisoned  for  any  time  not  ex- 
ceeding a  year  (in  the  case  of  a  friend  of  the  judge  about 
fifty-eight  or  fifty-nine  seconds).  And  a  similar  indul- 
gence by  the  statutes  3  &  4  W.  &  M.,  c.  9,  and  4  &  5  W.  & 
M.,  c.  24,  was  extended  to  women,  guilty  of  any  clergy- 
able felony  whatsoever;  who  were  allowed  once  to  claim 
the  benefit  of  the  statute  (as  a  substitute  for  benefit  of 
clergy),  in  like  manner  as  men  might  claim  the  benefit 
of  clergy,  and  to  be  discharged  upon  being  burnt  in  the 
hand,  and  imprisoned  for  any  time  not  exceeding  a  year. 
The  punishment  of  burning  in  the  hand,  being  found  in- 
effectual, was  also  changed  by  statute  10  &  11  W.  Ill,  c. 
23,  into  burning  in  the  most  visible  part  of  the  left  cheek, 
nearest  the  nose;  but  such  an  indelible  stigma,  being 
found  by  experience  to  render  offenders  desperate,  this 
provision  was  repealed,  about  seven  years  afterwards,  by 
statute  5  Ann,  c.  6,  and  till  that  period  all  women,  all 
peers  of  parliament  and  peeresses  (except  those  excepted), 
and  all  male  commoners  who  could  read,  were  discharged 
(that  is  from  the  death  penalty)  in  all  clergyable  felonies; 
the  males  absolutely,  if  clerks  in  orders  (that  is  explain- 
ers of  the  soul  directions)  ;  and  other  commoners,  both 
male  and  female,  upon  branding;  and  peers  and  peeresses 
without  branding,  for  the  first  offense;  yet  all  liable  (ex- 
cepting peers  and  peeresses — his  own  parenthesis),  if  the 
Judge  saw  occasion,  to  imprisonment  not  exceeding  a  year 
(all  this  for  stealing  a  man's  $2.50  hat,  regardless  of 
circumstances).  And  those  men  who  could  not  read,  if  un- 
der the  degree  of  peerage,  were  hanged. 

P.  297.  And  it  was  also  enacted  by  the  statutes  4  Geo. 
I,  c.  II,  and  6  Geo.  I,  c  23,  that  when  any  persons  shall 
be  convicted  of  any  larceny,  either  grand  or  petit,  or  any 


152  The    Anarchist    Constitution. 

felonious  stealing  or  taking  of  money  or  goods  and  chat- 
tels either  from  the  person  or  the  house  of  any  other,  or 
in  any  otlur  manner,  and  who  BY  THE  LAW  shall  be 
entitled  to  the  benefit  of  clergy,  and  liable  only  to  the 
penalties  of  burning  in  the  hand  or  whipping,  the  court 
in  their  (his)  discretion,  instead  of  such  burning  in  the 
hand  or  whipping,  may  direct  such  offenders  to  be  trans- 
ported to  xlmerica  (or  by  the  statute  19  Geo.  Ill,  c.  74, 
to  any  other  parts  beyond  the  seas)  for  seven  years;  and 
if  they  return  or  are  seen  at  large  in  this  kingdom  within 
that  time  (shouldn't  think  they  would  want  to),  it  shall 
be  felony  without  the  benefit  of  clergy. 

P.  302,  Of  these  (judgments)  some  are  capital,  which 
extend  to  the  life  of  the  offender,  and  consist  generally 
in  being  hanged  by  the  neck  till  dead  (this  barbarity  is 
still  practised  in  more  than  three-fourths  of  the  statesj 
of  the  United  States) ;  though  in  very  atrocious  (showing 
the  foregoing  was  for  crimes  not  very  atrocious) 
crimes  other  circumstances  of  terror,  pain  or  disgrace 
(this  disgrace  to  the  innocent  members  of  the  family  is 
still  the  universal  barbarism  of  the  United  States,  and  the 
innocent  poor  old  father  and  young  sister  of  Leon 
Czolgosz  were  so  punished  in  a  most  fiendish  manner)  are 
superadded;  as,  in  treasons  of  all  kinds,  being  drawn  or 
dragged  to  the  place  of  execution ;  in  high  treason  affecting 
the  King's  person  (which  was  of  more  consequence 
than  the  persons  of  all  the  people  combined)  or  govern- 
ment (  for  it  was  HIS  government  and  is  to  this  day), 
embowelling  alive,  beheading,  and  quartering;  and  in 
murder  a  public  dissection.  And,  in  case  of  any  treason 
committed  by  a  female,  the  judgment  is  to  be  burned 
alive.  But  the  humanity  (that's  what  he  said)  of  the  Eng- 
lish nation  has  authorized,  by  a  tacit  consent,  an  almost 
general  mitigation  of  such  parts  of  these  judgments  as 
savor  of  torture  or  cruelty  (that  would  be  the  whole  of 
them,  I  should  think)  ;  a  sledge  or  hurdle  being  usually 
allowed  to  such  traitors   (or  those  desiring  a  government 


The   Anarchist    Constitution.  153 

which  would  wipe  out  such  a  social  eonipact  and  substitute 
for  it  a  better  one — a  modern  one)  as  are  condemned  to 
be  drawn;  and  there  being  very  few  instances  (and  those 
accidental  or  by  negligence)  of  any  person's  being  em- 
bowelled,  till  previously  deprived  of  sensation  by  strang- 
ling (why  disembowel  them  at  all  then?)  Some  pun- 
ishments consist  in  exile  or  banishment  (which  seems  to 
the  writer  like  rewarding  the  offender  and  punishing  his 
family)^  by  abjuration  of  the  realm,  or  transportation 
(that  is,  the  former  reward  with  expense  allowance)  ; 
others  in  loss  of  liberty  (and  it's  precious  little  of  it  they 
had  to  lose),  by  perpetual  or  temporary  imprisonment. 
Some  extend  to  confiscation  (to  punish  the  innocent  fam- 
ily again),  by  ^forfeiture  of  lands  or  movables,  or  both, 
or  of  the  profits  of  lands  for  life ;  others  induce  a  disability 
of  holding  offices  or  employments  (so  as  to  make  it  more 
necessary  than  ever  to  steal),  being  heirs,  executors  and 
the  like.  Some,  though  rarely  (once  would  be  an  ever- 
lasting disgrace),  occasion  a  mutilation  or  dismembering 
by  cutting  off  the  hand  or  ears  (George  Washington  and 
his  anarchistic  associates  abolished  this  entirely  in  the 
United  States,  and  for  more  than  a  century  no  one  has 
complained  about  it,  though  of  course  it  was  "necessary" 
to  prevent  crime)  ;  others  fix  a  lasting  stigma  on  the 
offender,  by  slitting  the  nostrils,  or  branding  in  the  hand, 
or  cheek  (anarchistic  America  would  never  tolerate  this 
outside  of  the  army).  Some  are  merely  pecuniary,  by 
stated  or  discretionary  fines  (so  as  to  place  the  innocent 
family  in  want)  ;  and  lastly  there  are  others  (still  others) 
that  consist  principally  in  their  ignominy,  though  most  of 
them  are  mixed  with  some  degree  of  corporal  pain;  and 
these  are  inflicted  chiefly  for  such  crimes  as  either  arise 
from  indigence  (of  which  no  one  is  VOLUNTAEILY 
guilty)  or  render  even  opulence  disgraceful  (we  might 
suspend  such  degree  of  anarchy  as  we  have  and  whip 
Chauncey  Depew  and  Ambassador  Whitelaw  Eeid  for  their 
disgraceful  opulence).     Such  as  whipping  (the  whipping 


154  The    Anarchist    Constitution. 

post  is  still  an  indispensable  engine  of  state  torture  and 
barbarity  in  Delaware),  hard  labor  (we  have  an  abund- 
ance of  that  anyway,  for  clothes  and  board  only,  as  a  pun- 
ishment for  being  free-born  citizens  of  the  "land  of  lib- 
erty'^)  in  the  house  of  correction  (more  properly  the  de- 
generating house)  or  otherwise,  the  pillory  (unknown  to 
anarchistic  America,  though  "necessary"  to  prevent  in- 
fringements of  human  rights),  the  stocks  (likewise),  and 
the  ducking  stool  (most  unchivalrous  of  all). 

Disgusting  as  this  catalogue  may  seem  (it  certainly 
does  SEEM  so  to  anarchists  who  haven't  the  intelligence 
to  substitute  anything  better),  it  will  afford  pleasure  to  an 
English  reader  (if  he  be  sufficiently  anarchistic),  and  do 
honor  to  the  English  law  (certainly  in  sore  need  of  it), 
to  compare  it  with  that  shocking  apparatus  of  death  and 
torment  (of  course  no  man's  own  shocking  apparatus  of 
death  and  torture  is  shocking)  to  be  met  with  in  the  crimi- 
nal codes  of  almost  every  other  nation  in  Europe  (it  would 
satisfy  him  about  the  same  as  it  does  an  American  to-day 
to  compare  our  comparative  degree  of  anarchy  with  that 
of  Russia  or  Turkey) .  And  it  is  moreover  one  of  the  glo- 
ries of  our  English  law  (Blackstone  prated  about  the  glo- 
ries of  the  English  law,  free  constitution  of  England  and 
"liberty'^  of  British  subjects  only  six  years  before  we  re- 
belled against  their  "glorious  law,"  "free  constitution" 
and  "liberty"  as  much  as  American  politicians  do  to-day) 
that  the  species,  though  not  always  the  quantity  or  degree, 
of  punishment  is  ascertained  for  every  offense  (which  of 
course  makes  it  all  right)  ;  and  that  it  is  not  left  in  the 
breast  of  any  judge,  nor  even  of  a  jury  (much  less  to  the 
merits  of  the  case),  to  alter  that  judgment  which  the  law 
has  beforehand  ordained  for  every  subject  alike  (except 
where  it  is  not*for  every  subject  alike)  without  respect  of 
(so-called  common)  persons.  For,  if  judgments  were  to 
be  the  private  opinions  of  the  judge  (which  they  generally 
are),  men  would  then  be  slaves  to  their  magistrates  (in- 
stead of  to  their  politician  made  law)  ;  and  would  live  in 


The   Anarchist    Constitution".  155 

society  without  knowing  exactly  the  conditions  and  obli- 
gations which  it  lays  them  under  (I  have  been  trying  the 
past  ten  years  to  learn  this  very  thing  and  have  failed 
dismally.  Nor  am  I  alone  for  there  is  not  a  man  in  all 
the  world  who  knows  what  the  law  will  be  when  it  comes 
to  a  show-down — a  trial.  A  life-long  student  of  the  law 
can,  at  best  hazard  an  "opinion."  For,  if  he  says  the  law 
is  so  and  so,  his  opponent  simply  says:  "Oh,  I  don't 
know;  there's  lots  of  law."  I  confidently  assert  that  no 
man  knows  the  law  and  no  man  is  justified  in  upholding 
the  law  if  he  cannot  familiarize  himself  with  the  nature 
of  it).  And,  besides,  as  this  prevents  oppression  on  the 
one  hand  (the  only  trouble  is  it  doesn't),  so  on  the  other 
it  stifles  all  hopes  of  impunity  or  mitigation  (the  only 
trouble  is  it  doesn't)  ;  with  which  an  offender  might  flatter 
himself  (which  he  does)  if  his  punishment  depended  on 
the  humor  or  discretion  of  the  court  (but  not  to  any  con- 
siderable extent  if  it  depended  on  the  unbiased  opinion 
of  a  jury  which  could  not  be  "packed").  Whereas,  where 
an  established  penalty  is  annexed  to  crimes,  the  criminal 
may  read  (after  it  is  too  late  to  prevent  the  "crime") 
their  certain  (or  possible)  consequence  in  that  law  (pro- 
vided he  can  find  it,  and  there  is  not  an  infinite  amount 
of  other  law  to  nullify  or  modify  it)  ;  which  ought  to  be 
(but  cannot  be)  the  unvaried  rule,  as  it  is  the  inflexible 
(when  not  flexible)  judge  of  his  actions. 

P.  303.  The  quantum  (amount),  in  particular,  of 
pecuniary  fines  neither  can  nor  ought  to  be  ascertained 
by  an  invariable  law  (just  what  anarchists  say).  The 
value  of  money  itself  changes  from  a  thousand  causes; 
and,  at  all  events,  what  is  ruin  to  one  man's  fortune  may 
be  matter  of  indifference  to  another's.  Thus  the  law  of 
the  twelve  tables  at  Eome  fined  every  person  that  struck 
another  five-and-twenty  denarii;  this,  in  the  more  opulent 
days  of  the  empire,  grew  to  be  a  punishment  of  so  little 
consideration  that  Aulus  Gallius  tells  a  story  of  one  Lucius 
Neratius  who  made  it  his   diversion  to   give   a  blow  to 


156  The   Akarchist    Constitution. 

whomsoever  he  pleased  (he  wouldn't  do  it  often  in  an 
anarchistic  country),  and  then  tender  them  the  legal  for- 
feiture. 

P.  304.  When  sentence  of  death,  the  most  terrible 
(only  because  they  couldn't  think  of  anything  more  so) 
and  highest  (or  most  "cowardly/'  according  to  the  mean- 
ing of  the  word  as  applied  to  Leon  Czolgosz)  judgment  in 
the  laws  of  England,  is  pronounced  the  immediate  insep- 
arable consequence  from  the  common  law  is  attainder  (to 
punish  his  innocent  family).  For  when  it  is  now  clear 
beyond  all  (legal)  dispute,  that  the  criminal  is  no  longer 
fit  to  live  (which  cannot  be  said  of  any)  upon  the  earth 
(but  only  in  Heaven — if  he  has  repented),  but  is  to  be 
exterminated  as  a  monster  and  a  bane  to  (in)  human 
society,  the  law  sets  a  note  of  infamy  upon  him  (and  his 
innocent  family),  puts  him  out  of  its  protection  (which 
never  has  amounted  to  much),  and  takes  no  further  care 
of  him  (  it  was  mighty  little  it  took  of  him  before,  ex- 
cept to  bleed  him)  than  barely  to  see  him  executed  (which 
sight  it  seems  to  enjoy  hugely). 

P.  305.  But  her  (the  wife's)  dower  is  forfeited  by 
the  express  provision  of  statute  5  &  6  Edw.  VI,  c.  II,  and 
yet  the  husband  shall  be  tenant  by  the  courtesy  (heir  by 
survivorship  for  life)  of  the  wife's  lands  if  the  wife  be 
attainted  of  treason;  for  that  is  not  prohibited  by  the 
statute.  But,  although  after  attainder  the  forfeiture  re- 
lates back  to  the  time  of  the  treason  committed,  yet  it  does 
not  take  effect  unless  an  attainder  be  had,  of  which  it  is 
one  of  the  fruits;  and  therefore  if  a  traitor  dies  before 
judgment  pronounced  (so  as  to  tempt  him  to  com- 
mit suicide  if  merely  accused  out  of  persecution),  or  is 
killed  in  open  rebellion,  or  is  hanged  by  martial  law,  it 
works  no  forfeiture  of  his  lands ;  for  he  never  was  attainted 
of  treason.  But  if  the  Chief  Justice  of  the  king's  bench 
(the  supreme  coroner  of  all  England)  in  person,  upon 
view  of  the  body  of  one  killed  in  open  rebellion,  records 
it  and  returns  the  record  into  his  own  court,  both  lands 


The   Anarchist    Constitution.  157 

and  goods  shall  be  forfeited.  *  *  *  Such  forfeiture. 
moreover,  whereby  his  (innocent)  posterity  must  suffer 
as  well  as  himself,  will  help  to  restrain  (such)  a  man  (as 
would  not  likely  do  a  wrong  act  unless  driven  to  it)  not 
only  by  the  sense  of  his  duty  (a  man  with  a  proper  sense 
of  duty  is  not  generally  addicted  to  doing  wrong)  and 
dread  of  personal  punishment  (of  others),  but  also  by  his 
passions  and  natural  affections  (which  are  not  a  proper 
subject  of  punishment,  but  rather  of  commendation) ;  and 
will  interest  every  dependent  and  relation  he  has  to  keep 
him  from  offending  (from  mercenary  motives  only)  : 

And,  therefore,  Aulus  Cascellius,  a  Eoman  lawyer  in 
the  time  of  the  triumvirate  (like  Morgan,  Harriman  and 
McKinley),  used  to  boast  that  he  had  two  reasons  for 
despising  the  power  of  the  tyrants;  his  old  age  and  his 
want  of  children;  for  children  are  pledges  to  the  prince 
of  the  father's  obedience  (and  the  man  who  is  a  party  to 
looking  upon  innocent  children  as  pledges  for  the  behavior 
of  others,  or  supports  the  law  that  does  it,  is  the  worst  of 
all  criminals.  How  many  thousand  men's  children  in  the 
United  States  are  looked  upon  as  pledges  for  their  fathers' 
obedience  to  the  trusts  they  slave  for?). 

P.  306.  On  the  other  hand,  the  Macedonian  law  ex- 
tended even  the  capital  punishment  of  treason,  not  only 
to  the  children,  but  to  all  the  relations  of  the  delinquent ; 
and  of  course  their  estates  must  be  also  forfeited,  as  no 
man  was  left  to  inherit  them.  And  in  Germany  by  the 
famous  golden  bulle  (copied  almost  verbatim  from  Justi- 
nian's code),  the  lives  of  the  sons  of  such  as  conspire  to 
kill  an  elector  are  spared,  as  it  is  expressed,  by  the  em- 
peror's particular  lounty.  But  they  are  deprived  of  all 
their  effects  and  rights  of  succession,  and  are  rendered 
incapable  of  any  honor,  ecclesiastical  or  civil;  "to  the  end 
that,  being  always  poor  and  necessitous,  they  may  forever 
be  accompanied  by  the  infamy  of  their  father;  may  lan- 
guish in  continual  indigence  (how  many  Americans  lan- 
guish  in  continual   indigence   whose   fathers,   as   well   as 


158  The   Anaechist    Constitution. 

themselves^  have  led  the  best  life  their  opportunities  would 
permit)  ;  and  may  find  (says  the  merciless  edict)  their 
punishment  in  living  and  their  relief  in  dying." 

P.  312.  Eeprieves  may  also  be  ex  necessitate  legis  (out 
of  legal  necessity)  ;  as^  where  a  woman  is  capitally  con- 
victed and  pleads  her  pregnancy;  though  this  is  no  cause 
to  stay  the  judgment;,  yet  it  is  to  respite  the  execution  till 
she  be  delivered.  This  is  a  mercy  (who'd  have  thought 
it?)  dictated  by  the  law  of  nature^  in  favorem  yrolis  (in 
favor  of  the  unborn  child)  ;  and  therefore  no  part  of  the 
bloody  proceedings,  in  the  reign  of  Queen  Mary,  hath  been 
more  justly  detested  than  the  cruelty  that  was  exercised 
in  the  island  of  Guernsey  of  burning  a  woman  big  with 
child  (what  a  pity  there  was  no  anarchist  present) ;  and 
when,  through  the  violence  of  the  flames,  the  infant 
sprang  forth  at  the  stake,  and  was  preserved  by  the  by- 
standers, after  some  deliberation  of  the  priests,  who  as- 
sisted at  the  sacrifice,  they  cast  it  again  into  the  fire  as 
a  young  heretic  (Oh!  for  a  ^^cowardly"  Leon  Czolgosz 
there  about  that  time.  If  there  wouldn't  have  been  one 
dead  professor  of  the  soul  directions  there  surely  would 
have  been  more). 

P.  313.  Law  (says  an  able  writer)  cannot  be  framed 
on  principles  of  compassion  to  guilt;  yet  justice,  by  the 
constitution  of  England,  is  bound  to  be  administered  in 
mercy  (to  the  few.  Justice  and  mercy  are  incompatible 
one  with  the  other.  If  I  deserve  punishment  and  you 
mercifully  relieve  me  from  it  you  rob  justice  to  that  extent. 
If  I  do  not  deserve  it,  and  am  relieved  from  it,  it  is  not 
mercy  but  simple  justice.  Mercy  we  do  not  want,  but 
justice  we  demand — vainly). 

P.  314.  This  is  indeed  one  of  the  great  advantages  of 
monarchy  (the  word  means  but  one  man  of  precedence) 
in  general  above  any  other  form  of  government  (or  mis- 
government)  ;  that  there  is  a  magistrate,  who  lias  it  in  his 
power  to  extend  mercy  (and  he  generally  does  it — to  \.\\o 
few),  wherever  he  thinks  it  is  deserved   (mercy,  being  a 


The    Axaechist    CoxsTiTUTioy.  159 

disposition  to  treat  an  offender  better  than  he  deserres.  can- 
not be  deserved)  ;  holding  a  court  of  equity  (can  he  mean 
justice;  if  so,  all  are  equally  entitled  to  such  benefit)  in 
his  own  breast  (the  worst  conceivable  place)  to  soften  the 
rigor  of  the  general  law  (it  would  certainly  stand  soften- 
ing) in  such  criminal  cases  as  merit  an  exemption  from 
punishment  (at  least  99  per  cent  of  them). 

P.  325,  This  remarkable  event  (the  Xorman  conquest) 
wrought  as  great  an  alteration  in  our  laws  as  it  did  in 
our  ancient  line  of  kings ;  and  though  the  alteration  of  the 
former  was  effected  rather  by  the  consent  of  the  people 
(they  didn't  often  get  a  chance  to  give  much  consent) 
than  any  right  of  conquest,,  yet  that  consent  seems  to  have 
been  partly  extorted  by  fear  (like  our  consent  of  the  Fili- 
pinos to  submit  to  our  government),  and  partly  given  with- 
out any  apprehension  of  the  consequences  which  after- 
wards ensued  (same  as  usual). 

P.  326.  Another  violent  alteration  of  the  English  con- 
stitution (which  was  only  the  common  law)  consisted  in 
the  depoptdation  of  whole  counties,  for  the  purposes  of 
the  king's  royal  diversion;  and  subjecting  both  them  and 
all  the  ancient  forests  of  the  kingdom  to  the  unreasonable 
severities  of  forest  laws  imported  from  the  continent, 
whereby  the  slaughter  of  a  beast  was  made  almost  as  penal 
as  the  death  of  a  man  (or  the  stealing  of  fifty  cents  for  a 
hungr}'  wife). 

P.  327.  Both  the  divinity  and  the  law  of  those  times 
were  therefore  frittered  into  logical  distinctions  (any  thing 
logical  was  most  distasteful  to  Blackstone  and  to  all  law 
manufacturers  before  and  since),  and  drawn  into  meta- 
physical subtleties  with  a  skill  most  amazingly  artificial 
(how  could  skill  be  anything  but  artificial?  But  mental 
skill  has  always  been  a  menace  to  the  partisans  of  the  old 
social  compact  and  therefore  disliked  on  general  principles. 
But,  looking  at  it  in  the  light  that  he  evidently  did,  has  it 
not  continued  so  down  to  the  present  day?)  ;  but  which 
serves  no  other  purpose  than  to  show  the  vast  powers  of 


160  The   Anarchist    Constitution. 

the  human  intellect,  however  vainly  and  preposterously 
employed.  *  *  *  statute  after  statute  has  in  later 
times  been  made  to  pare  off  these  troublesome  excrescen- 
ces (to  what  purpose)  and  restore  the  common  law  to  its 
pristine  simplicity  (its  simplicity  was  amazing)  and  vigor 
(it  was  vigorous  all  right)  ;  and  the  endeavor  has  greatly 
(note  the  greatly  confession)  succeeded;  but  still  the  scars 
are  deep  and  visible  (all  anarchists  have  ever  wanted  was 
to  strike  out  these  "deep  and  visible"  scars,  though  they 
are  fully  aware  it  can  only  be  done  by  an  entirely  new 
social  compact  just  as  John  Doe  could  only  strike  out  the 
patches  from  his  pants,  or  even  those  only  that  are  "deep 
and  visible,"  by  throwing  away  the  pants  and  getting  a 
new  pair) ;  and  the  liberality  (their  liberality  was  their 
most  striking  characteristic — when  dealing  with  the  few) 
of  our  modern  courts  of  justice  (of  law,  he  meant)  is  fre- 
quently obliged  to  have  recourse  to  unaccountable  fictions 
(no  "unaccountable  fictions"  for  a  poor  man)  and  circuit- 
ies (circuities  in  court  are  expensive,  but  they  can  still  be 
had)  in  order  to  recover  that  equitable  and  substantial 
(though  expensive)  justice  which  for  a  long  time  was  total- 
ly (and  still  to  a  frightful  extent)  buried  under  the  nar- 
row rules  and  fanciful  niceties  (nearly  as  fanciful  as  in 
America  to-day)  of  metaphysical  and  Norman  jurispru- 
dence. 

P.  328.  The  nation  at  this  period  seems  to  have 
groaned  (is  there  any  groaning  in  America?)  under  as 
absolute  a  slavery  (some  millionaire  politicians  maintain 
there  is  no  alavery  in  America  to-day,  but  they  carefully 
avoid  mention  of  our  houses  of  prostitution  and  sweat- 
shops, which  of  course,  our  constitution  manufacturers 
could  not  foresee,  but  rather  prefer  to  tell  about  some  full 
— or  fool — dinner  pails)  as  was  in  the  power  of  a  warlike, 
an  ambitious  (he  wasn't  referring  to  our  martyred  Wil- 
liam) and  a  politic  prince  to  create. 

The  consciences  of  men  were  enslaved  (as  J.  Pierpont's 
is  to-day)  by  four  ecclesiastics  (  a  light  dose)  devoted  to 


The    Anarchist    Constitution.  101 

a  foreign  power  (as  ours  are  to  an  imaginary  one),  and 
unconnected  with  the  civil  state  under  which  they  lived 
(without  work),  who  now  imported  from  Rome  for  the 
first  time  the  whole  farrago  of  superstitious  novelties 
(amendments  to  the  soul  directions)  which  had  been  en- 
gendered by  the  blindness  and  corruption  of  the  times 
(worse  even  than  those  of  the  present)  between  the  first 
mission  of  Augustin,  the  monk,  and  the  Norman  con- 
quest; such  as  transubstantiation  (still  taught  to  our 
children  in  kilt  skirts  FOR  PAY),  purgatory  (likewise),, 
communion  in  one  kind  (also  likewise)  and  the  worship 
of  saints  and  images  (also  likewise)  ;  not  forgetting  the 
universal  supremacy  and  dogmatical  infallibility  of  the 
holy  see  (also  likewise).  The  laws,  too,  as  well  as  the 
prayers,  were  administered  in  an  unknown  tongue  (this 
was  so  that  anarchists  could  not  convince  the  people  that 
the  laws  were  not  what  they  were  handed  out  to  be.  After- 
wards found  to  be  unnecessary  as  far  as  concerned  the 
laws  for  they  were  so  numerous  a  man  could  not  go  through 
them  all  in  a  life  time).  The  ancient  trial  by  jury  (to- 
day only  a  farce)  gave  way  to  the  impious  decision  by 
battle  (w^hich  is  now  misplaced  by  the  modern  legal  bat- 
tle, not  quite  so  bad  where  both  sides  are  evenly  matched 
financially).  The  forest  laws  totally  restrained  all  rural 
pleasures  and  manly  recreations.  And  in  cities  and  towns 
the  case  was  no  better;  all  company  being  obliged  to  dis- 
perse, and  fire  and  candle  to  be  extinguished,  by  eight  at 
night,  at  the  sound  of  the  melancholy  curfew.  The  ulti- 
mate property  of  all  lands,  and  a  considerable  share  of 
the  present  profits,  were  vested  in  the  king,  or  by  him 
granted  out  to  his  Norman  favorites;  who,  by  a  gradual 
progression  of  slavery,  were  absolute  vassals  to  the  crown, 
and  as  absolute  tyrants  to  the  commons  (something  like 
our  American  politicians  to-day).  Unheard  of  forfeitures, 
talliages,  aids  and  fines,  were  arbitrarily  extracted  from 
the  pillaged  landholders  (who  paid  nothing  to  the  com- 
munity for  withholding  its  land),  in  pursuance  of  the  new 


162  The   Anarchist    Constitution. 

system  of  tenure.  And,  to  crown  all,  as  a  consequence  of 
the  tenure  of  knight-service,  the  king  has  always  ready  at 
his  command  an  army  of  sixty  thousand  knights  or 
milites;  who  were  bound,  upon  pain  of  confiscating  their 
estates,  to  attend  him  in  time  of  invasion,  or  to  quell  any 
domestic  insurrection  (otherwise  there  would  have  been 
lots  of  anarchists).  Trade,  or  foreign  merchandise,  such 
as  it  then  was,  was  carried  on  by  the  Jews  and  Lombards, 
and  the  very  name  of  an  English  fleet,  which  king  Edgar 
had  rendered  so  formidable,  was  utterly  unknown  to  Eu- 
rope; the  nation  consisting  wholly  of  the  clergy  (soul  di- 
rectors), who  were  also  the  lawyers;  the  barons,  or  great 
lords  (or  robbers)  of  the  land;  the  knights,  or  soldiery, 
who  were  the  subordinate  land-holders;  and  the  burghers, 
or  inferior  tradesmen,  who  from  their  insignificancy  hap- 
pily retained  in  their  socage  and  burgage  tenure,  some 
points  (very  few  probably)  of  their  ancient  freedom 
(freedom,  then  as  now,  was  not  to  be  confounded  with  li- 
■cense  to  express  one's  opinion  of  systemized  robbery).  All 
the  rest  were  villeins  (or  villians)  or  bondmen. 

From  so  complete  and  well  concerted  a  scheme  of  ser- 
vility (we  have  never  had  a  new  social  compact  since  then ; 
only  that  same  old  one,  then  thousands  of  ages  old,  patched 
up  now  and  then,  or  rather  incessantly),  it  has  been  the 
work  of  generations  for  our  ancestors  to  redeem  themselves 
and  their  posterity  (Blackstone  professed  to  believe  this 
redemption  had  been  completed  the  same  as  our  politi- 
cians profess  to  believe  this  redemption  has  certainly  gone 
far  enough  now)  into  that  state  of  liberty  (thoy  handed  it 
out  that  they  then  enjoyed  liberty  the  same  as  it  is  handed 
out  to  us  to-day  that  we  have  liberty — though  not  "li- 
cense" to  do  what  we  have  a  right  to  do)  wliich  we  now  en- 
joy: and  which  therefore  is  not  to  be  looked  upon  as  con- 
sisting of  mere  encroachments  on  the  crown,  and  infringe- 
ments on  the  prerogative  (of  the  king)  as  some  slavish 
and  narrow  minded  writers  (won't  our  present  political 
writers  be  called   slavish    and  narrow  minded  by   future 


The    Anarchist    Constitution.  163 

generations?)  in  the  last  century  endeavored  to  maintain; 
but  as,  in  general,  a  gradual  restoration  of  that  ancient 
constitution,  whereof  our  Saxon  forefathers  had  been  un- 
justly deprived,  partly  by  the  policy,  and  partly  by  the 
force  of  the  Norman. 

P.  330.  Richard  the  First,  a  brave  and  magnanimous 
prince,  was  a  sportsman  as  well  as  a  soldier ;  and  therefore 
enforced  the  forest  laws  with  some  rigor ;  which  occasioned 
many  discontents  among  his  people  (enforcement  of  the 
law  has  always  occasioned  discontent.  Why?)  :  though 
(according  to  Mathew  Paris)  he  repealed  the  penalties  of 
castration  (such  was  the  law),  loss  of  eyes  and  cutting  off 
the  hands  and  feet,  before  inflicted  on  such  as  trans- 
gressed in  hunting;  probably  finding  that  their  severity 
prevented  prosecutions  (no  lawful  prosecutions  could  be 
prevented  without  anarchists.  All  who  are  not  anarchists 
must  be  satisfied  to  have  the  law  enforced,  whatever  be  the 
law). 

P.  334.  In  the  reign  of  King  Henry  the  Seventh  his 
ministers  (not  to  say  the  king  himself — his  own  parenthe- 
sis) were  more  industrious  in  hunting  out  prosecution 
upon  old  and  forgotten  penal  laws,  in  order  to  extort 
money  from  the  subject  (something  like  San  Francisco's 
attempt  under  the  administration  of  multi-millionaire 
Jimmie  Phelan  to  tax  prostitutes,  under  the  alternative  of 
being  prosecuted  and  fined,  for  the  benefit  of  the  city  treas- 
ury in  the  custody  of  the  politician  "push"),  than  in  fram- 
ing any  new  beneficial  laws.  For  the  distinguishing  char- 
acter of  this  reign  was  that  of  amassing  treasure  in  the 
king's  coffers  by  every  means  that  could  be  devised:  and 
almost  every  alteration  in  the  laws,  however  salutary  or 
otherwise  in  their  future  consequences,  had  this  and  this 
only  for  their  great  and  immediate  object.  To  this  end 
the  court  of  star-chamber  was  new-modelled  and  armed 
with  powers  the  most  dangerous  and  unconstitutional  over 
the  persons  and  properties  of  the  subject. 

P,  335.     It  must  be^  however,  remarked  that  (partieu- 


164  The    Anarchist    Constitution. 

larly  in  his  latter  years)  the  royal  prerogative  was  then 
strained  to  a  very  tyrannical  and  oppressive  height:  what 
was  the  worst  circumstance,  its  encroachments  were  estab- 
lished by  law,  imder  the  sanction  of  those  pusillanimous 
parliaments  (will  future  generations  call  our  Congress  of 
to-day  pusillanimous?),  one  of  which,  to  its  eternal  dis- 
grace, passed  a  statute  whereby  it  w^as  enacted  that  the 
king's  proclamations  should  have  the  force  of  acts  of  par- 
liament; and  others  concurred  in  the  creation  of  that 
Amazing  heap  of  wild  and  new  fangled  treasons,  which 
Avere  slightly  touched  upon  in  a  former  chapter  (something 
like  that  upon  which  Johann  Most  was  convicted  in  New 
York  and,  on  Oct.  4th,  1901,  sentenced  to  one  year's  im- 
prisonment for  publishing  a  QUOTATION"  from  an  arti- 
cle published  at  times  in  the  United  States  without  being 
treason  for  fifty  3^ears  past). 

Happily  for  the  nation,  this  arbitrary  reign  was  suc- 
ceeded by  the  minority  of  an  amiable  prince;  during  the 
short  sunshine  of  which  great  part  of  these  extravagant 
laws  were  repealed  (anarchists  would  go  them  one  better 
and,  instead  of  repealing  the  "great  part,"  would  repeal 
all  extravagant  laws  even  though  the  only  way  that  it  can 
be  done  is  to  repeal  all  law  and  then  enact  such  few  simple 
laws  as  are  necessary).  And,  to  do  justice  to  the  shorter 
reign  of  Queen  Mary,  many  salutary  and  popular  laws, 
in  civil  matters,  were  made  under  her  administration: 
perhaps  the  better  to  reconcile  the  i)eople  to  the  bloody 
measures  which  she  was  induced  to  pursue  for  the  re-estab- 
lishment of  religious  slavery:  the  well  concerted  schemes 
for  effecting  which  were  (through  the  Providence  of  God) 
defeated  by  the  seasonable  accession  of  Queen  Elizabeth. 

P.  337.  Though  a  notion  of  general  liberty  had  strong- 
ly pervaded  and  animated  the  whole  constitution,  yet  the 
particular  liberty,  the  natural  equality,  and  personal  in- 
dependence of  individuals,  were  little  regarded  or  thought 
of;  nay,  even  to  assert  them  was  treated  as  the  height  of 


The    Anarchism    Constitution.  165 

sedition  (as  it  was  in  America  for  two  months  afterMcKin- 
ley's  assassination)  and  rebellion. 

P.  342.  To  sustain,  to  repair  (or  patch),  to  beautify 
this  noble  pile  (the  common  law  of  England),  is  a  charge 
intrusted  principally  to  the  nobility  (about  as  good  people 
to  entrust  it  to  as  Mark  Hanna),  and  such  gentlemen  of 
the  kingdom  as  are  delegated  by  their  country  to  parlia- 
ment. The  protection  of  the  LIBERTY  OF  BRITAIN 
is  a  duty  which  they  owe  (and  seem  but  little  disposed  to 
recognize)  to  themselves,  who  enjoy  it;  to  their  ancestors, 
who  transmitted  it  down;  and  to  their  posterity,  who  will 
claim  (no  harm  in  claiming)  at  their  hands  this,  the 
best  birthright,  and  noblest  inheritance  of  mankind  (poor 
mankind ! ) . 

The  end  of  the  fourth  (last)  book. 


CHAPTER  VII. 

"The  Ballot,  Not  the  Bullet,  the  American  Way." 

"The  ballot,  not  the  bullet,  is  the  American  way,"  was 
the  cry  that  went  up  from  Maine  to  California  last 
September.  The  ballot,  not  the  bullet,  is  certainly  the 
proper  way  but — 

What  we  want  is  results.  True,  results  can  not  be  ob- 
tained by  the  bullet  except  by  the  stronger  side — the  side 
that  has  the  most  bullets,  so  to  speak.  Ordinarily  and 
under  an}i;hing  like  normal  conditions  that  side  could 
win  by  the  ballot  as  well  as  by  the  bullet,  and  at  a  great 
deal  less  cost.  Therefore  the  most  important  considera- 
tion is  to  see  to  it  that  the  ballot  shall  be  the  means  by 
which  controversies  are  to  be  determined,  and  that  this 
means  shall  not  be  superseded  by  the  bullet.  If  this  is  to 
be  our  object  we  MUST  take  a  cool  and  unimpassioned 
view  of  conditions  as  they  are ;  see  if  there  is  a  growing  im- 
pression that  the  ballot  has  become  a  farce  or  a  delusion; 
see  if  it  has  gone  under  the  control  and  manipulation  of  a 
few  who  are  able  and  anxious  to  defeat  the  very  object  for 
which  it  was  (ostensibly)  established.  It  is  not  asserted 
here  that  such  is  the  case  but  only  that  such  is  certainly 
possible.  If  it  is  the  case,  certainly  we  should  not  shut  our 
eyes  to  the  facts  and  refuse  to  believe  it.  All  people, 
anarchists  and  partisans  of  the  archives  alike,  are  vitally 
interested  in  preserving  a  peaceful  method  of  settling  all 
controversies  and  differences.  When  the  ballot  was  es- 
tablished in  America  it  proved  fairly  satisfactory  and 
everybody,  ALL  anarchists  included,  bowed  in  submission 
to  the  dictum  of  the  majority,  in  spite  of  the  fact  that  they 
were  never  permitted  the  use  of  the  ballot  to  express  their 
opinion  as  to  the  form  of  government  they  were  willing 


The   Anarchist    Constitution.  167 

to  submit  themselves  to  or  even  whether  they  wanted  any 
government  at  all  or  not.  They  tolerated  it  as  a  sufficient- 
ly satisfactory  way  of  selecting  people  to  "soften  the  rigor" 
(as  Blackstone  puts  it)  of  the  hard  government  their  lead- 
ers had  given  them  when  in  a  weakened  condition  as  a  sub- 
stitute for  the  worse  one  they  had  rebelled  against.  Mc-« 
Kinley^s  death  was  the  first  assassination  by  an  anarchist 
in  the  United  States  and  no  attempt  at  an  assassination 
by  an  anarchist  in  the  United  States  ever  occurred  before 
the  life  of  the  present  generation.  For  more  than  a  hun- 
dred and  ten  years  no  anarchist  ever  attempted  to  assass- 
inate any  government  official  in  the  United  States.  Yet 
within  the  past  six  months  the  attention  of  the  entire  na- 
tion has  been  taken  up  with  proposed  legislation  look- 
ing only  to  protection  of  government  officials  from  anar- 
chists. Can  any  one  imagine  that  legislators,  be  they 
honest  or  dishonest,  would  devote  their  energies  to  enact- 
ing such  legislation  did  they  not  have  reason  to  fear  that 
the  temper  of  the  people  is  changing  greatly?  If  such 
is  the  case,  the  most  proper  and  natural  question  to  ask. 
and  issue  to  face,  fairly  and  squarely  without  fear  is, 
WHY? 

No  attempt  will  be  made  here  to  give  what  IS  the  rea- 
son, nor  what  are  the  reasons  if  there  are  more  than  one 
But  an  attempt  will  be  made  in  this  chapter  to  show  what 
MIGHT  BE  the  reason,  or  one  of  them  if  there  are  more 
than  one,  and  how  the  ballot  possibly  could  he  subverted 
into  a  mere  delusion;  which  alone  might  account  for  a 
desperate  and  ugly  temper  in  a  great  proportion  of  the 
people  if  not,  indeed,  in  the  great  majority.  If  any  one  de- 
sires to  learn  of  more  reasons  to  account  for  such  desper- 
ation, the  Hearst  newspapers  will  portray  them  in  abun- 
dance. 

Suppose  we  have  a  state  of  society  in  an  absolutely  nor- 
mal condition  or  at  least  so  nearly  normal  that  no  one  can 
discern  any  abnormal  or  unjust  conditions.  All  are  equal, 
or  nearly  so,  in  wealth  and  standing  and  all  have  about 


168  The    Anarchist    Constitution. 

equal  opportunities.  All  differences  in  opinion  are  settled 
by  ballot  and  each  ballot  is  an  independent,  unselfish  ex- 
pression of  opinion.  There  is  no  organization  of  a  few 
organized  so  as  to  make  the  ideas  and  efforts  of  a  few 
more  effective,  by  means  of  their  organization  and  union, 
than  the  ideas  and  efforts  of  the  many.  Everybody  has 
ample  opportunity  to  provide  for  his  wants  and  the  people 
are  as  happy  as  people  can  be. 

In  this  condition  of  society  a  happy  thought  occurs  to 
some  few  to  unite  their  efforts  and  co-operate  with  one  an- 
other. No  one  could  possibly  think  of  denying  them  their 
right  to  do  so.  They  can  produce  more  wealth  with  less  ef- 
fort by  so  doing  than  otherwise  and  why  should  such  right 
be  denied  them  as  long  as  they  do  not  deny  others  the  same 
right  or  prevent  those  others  from  producing  as  before? 
There  is  no  reason.  They  call  themselves  a  corporation. 
Owing  to  their  union  and  co-operation,  each  one  exerting 
one-half  the  effort  previously  made  could  produce  the 
same  amount  of  wealth  as  before,  notwithstanding  the 
fact  that  no  one  going  into  the  corporation  has  any  more 
accumulated  wealth  or  capital  than  has  each  of  those  who 
do  not  go  into  the  corporation.  But  the  people  are  all  in- 
dustrious, as  well  those  who  go  into  the  corporation  as 
those  who  do  not.  Each  one  who  goes  into  the  corporation 
does  as  much  work  as  before.  The  members  of  the  corpor- 
ation produce  twice  as  much  wealth  as  they  did  before 
and  twice  as  much  as  the  same  number  of  people  who  are 
not  members  of  any  corporation,  though  only  doing  the 
same  amount  of  work.  They  are  none  of  them  accustomed 
to  luxuries  and  extravagant  living.  The  members  of  the 
corporation  have  no  occasion  to  spend  more  than  75  per 
cent  of  the  wealth  they  produce.  They  save  25  per  cent 
of  it  (that  small  part  which  is  not  perishable)  and  still 
consume,  each  one,  50  per  cent  more  than  another  man 
can  produce.  They  accumulate  capital  (represented  by 
mills,  factories,  machinery,  etc.)  with  which  they  find  they 
can  produce  even  a  greater  amount  of  wealth  with  a  still 


The    Anarchist    Constitutioin  .  169 

less  expenditure  of  energy.  It  was  easy  to  start  that  cor- 
poration. It  was  a  natural  thing  to  do.  It  was  easier  for 
the  men  who  constituted  that  corporation,  and  required 
less  expenditure  of  energy,  to  produce  successfully  more 
wealth  than  their  fellow  men  than  it  was  for  their  fellow 
men  not  in  the  corporation  to  produce  the  less  amount. 
It  was  a  step  in  the  advancement  of  the  human  race.  At 
first,  men  were  dubious  as  to  such  a  radical  undertaking 
and  did  not  deem  it  worthy  of  any  consideration.  But 
results  spoke  for  themselves.  Men  became  either  jealous 
or  envious  (call  it  ambitious  if  you  please)  and  wanted 
to  do  the  same  thing  themselves.  Certainly  they  had  the 
right  to  do  so  (there  were  no  patent  or  copyright  laws  to 
insure  the  incorporators  the  sole  benefit  of  their  ideas  of 
co-operation)  and  some  others  started  a  corporation  of 
the  same  kind.  But  conditions  were  no  longer  absolutely 
normal.  Corporation  No.  1  was  well  organized  and  its 
members  had  become  accustomed  to  being  looked  upon  as 
a  superior  class.  They  wanted  to  be  above  their  fellows. 
With  their  vast  accumulated  capital  (mills,  factories,  ma- 
chinery, etc.)  they  could  produce  more  than  twice  as  much 
with  the  same  expenditure  of  energy,  as  the  members  of 
corporation  No.  2  and  four  times  as  much  as  the  members 
of  no  corporation  at  all.  They  did  not  want  corporation 
No.  2  to  do  what  they  were  doing.  Why?  Because  al- 
ready they  had  found  that  they  could  have  individuals  not 
members  of  any  corporation  do  the  work  of  providing 
wealth  for  the  corporation  and  pay  those  individuals  a 
little  more  than  the  individuals  could  produce  by  them- 
selves and  retain  as  much  or  more  for  themselves,  without 
doing  any  work,  as  profit.  But  could  they  retain  a  monop- 
oly of  co-operation?  They  might  try.  They  would,  and 
did,  offer  to  the  members  of  corporation  No.  2  more  wages 
than  the  members  of  corporation  No.  2  could  make,  even 
with  their  co-operation  but  without  accumulated  capital, 
and  consequently  more  than  double  what  individuals  not 
iji  any  corporation  could  make.      Of  course  the  offer  was 


170  The   Anarchist    Constitution. 

accepted.  But  as  soon  as  it  began  to  be  known  that  the 
individuals  who  started  corporation  No.  2  were  employed 
by  corporation  No.  1  at  wages  amounting  to  more  than 
double  what  individuals  could  make^  of  course  corporation 
No.  3  was  immediately  formed.      And  corporations  Nos. 

4  and  5  followed  in  quick  succession.  Now,  even  with  its 
vast  accumulation  of  capital  (and  machinery)  corporation 
No.  1  could  not  employ  all  the  incorporators  of  new  corpor- 
ations at  wages  amounting  to  more  than  they  could  make 
by  co-operation  and  they  gave  up  in  despair  trying  to 
prevent  the  formation  of  new  corporations  by  employing 
the  incorporators  at  wages  amounting  to  more  than  they 
could  make  by  such  co-operation  and  confined  themselves 
to  employing  individuals  who  did  not  go  into  corporations 
at  wages  amounting  to  just  a  trifle  more  than  they  could 
produce  as  individuals.  Of  course  corporations  Nos.  4 
and  5  were  successful,  thougli  not  so  much  so  as  corpora- 
tion No.  1,  which  had  the  greatest  amount  of  accumulated 
capital.      But  as  the  members  of  corporations  Nos.  4  and 

5  did  better  than  they  could  possibly  have  done  as  individ- 
uals, new  corporations  were  formed  in  such  rapid  succes- 
sion that  it  looked  as  though  every  man  would  soon  be  in 
a  corporation ;  which  certainly  would  and  should  have  been 
the  case  but  something  must  be  done  to  prevent  that  or 
else  corporations  will  not  be  able  to  employ  any  individ- 
uals at  wages  just  a  trifle  in  excess  of  what  they  could  pro- 
duce as  individuals.  If  corporations  can  not  employ  in- 
dividuals and  make  them  produce  for  the  corporation 5> 
more  wealth  than  their  wages  amount  to  and  retain  the 
surplus  for  the  members  of  the  corporations  to  live  upon 
without  work  all  members  of  corporations  would  have  to 
do  the  work  necessary  for  the  production  of  wealth  for 
tliemselves,  as  was  the  case  in  the  early  stage  of  the  career 
of  corporation  No.  1.  But  these  meml)ers  of  corporations 
have  become  accustomed  to  looking  upon  themselves  as 
being  too  strong  to  work.  Something  must  be  done.  And 
it  must  be  something  that  is  not  incompatible  with  the 


The   Anarchist    Constitution.  l*^! 

idea  that  the  members  of  the  corporations  are  too  strong 
to  work.  Certainly  somebody  must  work.  Therefore 
the  something  that  must  be  done  must  be  something  that 
will  make  it  impossible  for  all  to  get  into  corporations. 
Now  an  opportunity  to  get  into  a  corporation  is  all  right. 
There  is  nothing  wrong  about  taking  advantage  of  an  op- 
portunity to  get  into  a  corporation.  Consequently  there 
is  nothing  wrong  about  allowing  the  people  such  opportu- 
nities. PEOVIDED,  of  course,  that  all  people's  rights 
are  not  equal.  And,  even  if  all  people's  rights  are  equal, 
there  can  be  nothing  wrong  about  extending  those  oppor- 
tunities to  the  people  PEOVIDED  those  opportunities  are 
extended  to  all  alike.  But,  if  those  opportunities  are  ex- 
tended to  all  alike,  all  alike  will  take  advantage  of  them 
since  the  people's  earning  capacity  is,  at  least,  doubled 
thereby  from  the  start  without  accumulated  capital  and 
continues  to  multiply  by  a  constantly  growing  multiplier 
as  the  corporation's  accumulated  capital  increases,  which 
capital  continues  to  increase  as  does  the  age  of  the  corpor- 
ation. If  all  had  equal  opportunity  to  go  into  a  corpor- 
ation and  all  went  into  a  corporation  that  corporation 
would  certainly  constitute  society  as  a  whole — socialism. 
But  that  would  be  incompatible  with  the  idea  that  some 
are  too  strong  to  work.  Therefore  some  means  MUST 
be  found  which  will  prevent  all  people  from  going  into 
corporations.  But  what  is  a  corporation?  It  is  a  body 
of  individuals  combining  for  co-operation.  Why  not 
combine  all  the  existing  Corporations,  or  at  least  the  prin- 
cipal ones,  as  so  many  individuals  into  a  grand  corporation 
(trust)  and  thereby  multiply  the  producing  capacity  of 
a  given  amount  of  labor  as  the  producing  capacity  of  a 
given  amount  of  labor  was  multiplied  by  the  formation 
of  the  first  corporation?  This  would  still  preserve  the 
idea  that  some  are  too  strong  to  work  and  all  of  those 
in  the  trust  would  be  the  ones  to  be  too  strong.  It  would 
have  the  additional  advantage  of  enabling  the  grand  cor- 
poration, by  combining  the  capital  of  all  the  individual 


172  The   Anarchist    Constitution. 

corporations  under  one  management,  to  employ  all  individ- 
uals disposed  to  go  into  any  new  corporation  at  wages  just 
a  trifle  in  excess  of  the  amount  that  such  individuals  could 
produce  by  their  co-operation  in  a  new  corporation  without 
accumulated  capital  and  thus  prevent  the  formation  of 
new  corporations  and  maintain  the  supply  of  individuals 
to  work  for  the  old  ones.  We  saw  that  this  very  thing 
succeeded  when  corporation  No.  2  was  formed  and  failed 
wlTen  corporations  Nos.  3,  4  and  5  were  formed.  Why 
did  it  fail  then?  For  but  one  reason.  Corporation  No.  1 
had  not  yet  accumulated  a  sufficient  amount  of  capital 
(in  niills,  factories,  machinery,  etc.)  to  put  to  work  all 
those  disposed  to  go  into  corporations  at  wages  a  trifle  in 
excess  of  what  they  could  produce  by  their  co-operation 
without  capital.  It  is  different  now  with  the  grand  cor- 
poration. Their  capital  is  unlimited.  Their  power  is  al- 
mighty. They  may  have  to  pay  for  awhile  wages  amount- 
ing to  a  trifle  in  excess  of  what  their  employees  could  pro- 
duce as  individuals  and  even  for  a  time  what  their  em- 
ployees could  produce  by  co-operation  without  capital. 
But  they  even  tire  of  this  and  cease  to  do  it.  Some  then 
cease  to  work  for  the  grand  corporation  and  undertake  to 
start  a  corporation  of  their  own.  The  grand  corporation 
denies  them  the  right  and  in  a  thousand  ways  that  no  one 
who  has  ever  tried  it  needs  to  have  explained  to  him  makes 
it  impossible  for  the  new  corporation  to  "do  business"; 
that  is,  produce  wealth.  And  those  who  undertook  to  pro- 
duce wealth  by  co-operation  in  the  new  corporation  were 
simply  compelled  to  go  to  work  again  for  the  grand  cor- 
poration and  this  time  for  wages  such  as  the  grand  corpor- 
ation saw  flt  to  pay. 

But  what  has  this  to  do  with  elections? 

The  people  during  all  of  this  period  of  transition  from 
a  state  of  equality,  happiness  and  contentment  to  a  state 
of  society  composed  wholly  of  castes  have  gradually,  slowly 
at  first,  but  more  and  more  rapidly  as  the  dividing  line 
between  castes  became  more  pronounced,  engendered  op- 


The   Anarchist   Constitution.  173 

position  to  corporations  in  general  and  ESPECIALLY  to 
grand  corporations  in  particular. 

And  they  had  the  ballot  all  the  time ! 

Now  if  the  people  as  a  whole,  or  as  a  people,  were  almost 
a  unit  in  their  opposition  to  these  grand  corporations  and 
they  developed  to  such  an  extent  that  practically  the  entire 
community  was  composed  of  the  members  of  those  cor- 
porations who  lived  without  work  and  the  employees  who 
lived  without  wealth  except  what  little  the  grand  corpora- 
tions in  their  charity  (not  an  over-abundant  one)  saw  fit 
to  bestow  upon  them  as  a  reward  for  faithful  service,  and 
this  all  occurred  notwithstanding  the  people  had  the  ballot 
all  the  time,  it  is  only  reasonable  to  suspect  that  there 
must  have  been  some  hitch  somewhere  in  that  ballot  and 
it  became  the  painful  duty  (a  duty  which  could  not  be 
shirked)  to  do  some  thing  or  rather  some  things. 

First,  it  was  necessary  to  investigate  that  ballot  and 
see  if  it  was  just  what  the  grand  corporations  represented 
it  to  be — see  if  there  was  any  hitch. 

Second,  it  was  necessary  to  find  out  how  many  hitches 
there  were  and  where. 

Third,  it  was  necessary  to  remedy  those  hitches  if  possi- 
ble and 

FOURTH,  if  those  hitches  could  not  be  remedied  by  the 
people — well,  we'll  leave  that  to  the  people. 

First,  the  work  of  investigating  that  ballot  and  finding 
out  if  it  was  what  the  grand  corporations  rex)resented  it 
to  be  was  easy.  At  the  first  tap  of  the  hammer  it  sounded 
hollow. 

Second,  the  work  of  investigation  became  difficult. 
Many  hitches  or  defects  were  found  on  the  surface  and 
those  were  easily  remedied.  But  as  fast  as  they  were  rem- 
edied more  defects  were  discovered — and  faster.  At  last 
it  became  so  common  to  find  new  defects  that  the  an- 
nouncement of  a  new  discovery  of  a  great  defect  scarcely 
occasioned  so  much  as  a  comment.  The  old  ballot  system 
seemed  to  be  rotten  in  the  core. 


1'}'4  The    Anarchist    Constitution. 

Third,  it  became  the  regular  recreation  of  a  large  per- 
centage of  the  people  to  remedy  hitches  simply  for  amuse- 
ment as  fast  as  they  had  the  inclination  so  to  do,  taking 
them  in  the  inverse  order  of  their  importance. 

FOURTH,  left  to  the  people. 

The  attempt  to  show  what  MIGHT  BE  the  reason  for 
the  great  change  in  the  temper  of  the  people  is  deemed  to 
have  gone  far  enough  and  it  only  remains  now  to  attempt 
to  show  how  the  ballot  possibly  could  be  subverted  into  a 
mere  delusion  which  would  account  for  the  contempt  witli 
which  it  is  looked  upon  generally  by  anarchists  and  parti- 
sans of  the  archives  alike,  politicians  alone  excepted. 

Suppose  again  the  first  ideal  state  of  society  already 
mentioned  in  this  chapter  and  the  subsequent  development 
just  outlined  of  corporations,  grand  corporations  and 
trusts,  with  the  concurrent  development  of  opposition  to 
.  such  corporations.  The  few  members  of  those  corpora- 
tions, or  stockholders,  who  are  too  strong  to  work  realize 
the  opposition  of  the  people  towards  those  corporations 
and  fear  the  people  may  by  means  of  their  ballot  by  an 
overwhelming  vote  stop  the  growth,  or  even  the  existence, 
of  that  system  in  which  at  first  there  was  no  apparent  or 
considerable  injustice  but  which  has  developed  into  a  sys- 
temized,  well  concerted  scheme  of  slavery  in  disguise. 
They  realize  that  if  they  are  to  retain  their  position  as 
a  superior  and  ruling  class — an  upper  caste — they  must 
prevent  the  natural  exercise  of  that  power  represented  in 
the  ballot.  They  constitute  about  the  tenth  part  of  one 
per  cent  of  the  population.  Something  must  be  done  to 
make  the  voice  of  that  one-tenth  part  of  one  per  cent  of  the 
people  at  least  equal  to  the  voice  of  the  other  ninety-nine 
and  nine-tenths  per  cent  of  the  people.  They  cannot  vote 
a  thousand  times  while  oth(M's  are  voting  once,  merely  be- 
cause they  own  a  thousand  times  as  mucli  wealth, 
man  for  man,  because  the  possession  of  the  ballot 
means  that  every  man  has  equal  possession  of 
the  ballot;  has  an  equal  number  of  votes.      At  one  stage 


The   Anarchist    Constitution.  175 

of  the  development  they  were  a  sufficiently  large  propor- 
tion of  the  people  so  that  their  votes  combined  with  the 
votes  of  those  who  could  be  co-erced  into  voting  for  them 
were  sufficient  to  counter-balance  those  who  voted  intelli- 
gently against  them.  Those  who  voted  unintelligently 
were  disregarded  as  they  were  about  equally  divided  on 
matters  of  no  consequence  for  which  reason  their  votes 
were  absolutely  devoid  of  effect.  But  as  the  conditions 
became  more  acute,  the  unintelligent  votes  became  less  in 
proportion.  Co-ercion  of  a  sufficiently  large  number  to 
swing  the^  balance  of  power  became  correspondingly  more 
difficult  and  expensive  and  was  engendering  an  ugly  tem- 
per that  could  not  be  ignored.  Certainly  it  could  not  be 
extended  to  keep  pace  with  the  growing  acuteness  of  the 
a1)nornuil  and  unjust  conditions.  Something  must  be 
done  to,  in  large  part,  take  the  place  of  coercion.  If 
necessary,  the  corporations  and  grand  corporations  can 
support  one  per  cent  of  the  people  for  the  sole  purpose 
of  keeping  the  other  ninety-nine  per  cent  from  using  their 
ballot  to  any  purpose  as  against  the  corporations  and  grand 
corporations.  * 

Can  one  per  cent  of  the  people  prevent  ninety-nine  per 
cent  of  the  people  from  accomplishing  their  purpose  by 
means  of  the  ballot? 

That  is  a  question  that  should  certainly  be  properly  de- 
termined, for  if  such  should  be  found  to  be  the  case  the 
ballot  is  then  no  longer  to  be  relied  on,  but  merely  a  tool 
in  the  hands  of  the  small  minority  to  enable  them  to  en- 
slave the  great  majority.  And  IF  SUCH  IS  FOUND  TO 
BE  THE  CASE  the  great  majority  are  then  simply  bind- 
ing upon  themselves  and  their  children,  the  shackles  of 
slavery  when  they  bow  in  submission  to  the  result  of  the 
ballot.  They  certainly  could  not  do  so  in  the  ideal  state 
of  society  mentioned  in  this  chapter  as  the  starting  point 
nor  could  they  under  an  anarchistic,  socialistic  or  any 
other  NORMAL  state  of  society,  any  more  than  one  hun- 
dred men  could  defeat  one  thousand  men  in  a  battle  under 


176  The    Anarchist    Constitution. 

conditions  which,  except  as  to  numbers,  are  equally  burden- 
some or  advantageous  to  both  sides.  But  we  know  that 
under  some  conditions  one  hundred  men  (small  men,  too, 
at  that)  can  easily  defeat  a  thousand  giants,  and  that  even 
when  they  are  equally  well  armed.  We  know  that  a  com- 
pany of  one  hundred  well-drilled  soldiers  under  the  com- 
mand of  a  captain  (one  mind)  can  easily  defeat  in  open 
battle  an  unorganized  mob  of  one  thousand  of  the  most 
perfectly  developed  specimens  of  mankind  the  world  ever 
produced.  Could  it  be  possible  that  the  grand  corporations 
could  organize  and  discipline  an  army  of  well-drilled  poli- 
ticians composed  of  but  one  per  cent  of  the  people  which, 
by  means  of  its  organization  and  machine-like  work,  could 
defeat  for  pay,  OE  OTHER  GAIN  IN  LIEU  THEEEOF, 
the  other  ninetj^-nine  per  cent  of  the  people  when  the 
whole  one  hundred  per  cent  are  armed  with  the  ballot? 
In  the  fight  of  the  one  company  of  one  hundred  well-drilled 
soldiers  against  the  unorganized  mob  of  one  thousand  per- 
fect specimens  of  manhood  the  one  company  would  in  all 
probability  be  victorious  if  both  sides  were  alike  armed 
with  muskets  and  bayonets  only,  without  ammunition,  but 
imagine  how  easy  it  would  be  if  the  one  company  were 
armed  w^ith  ammunition  also,  but  the  unorganized  mob 
of  one  thousand  had  no  powder.  In  such  case  the  entire 
one  thousand  men  MIGHT  BE  at  the  absolute  mercy  of 
just  one  little  squad  of  ten  soldiers  under  the  command  of 
a  corporal — assuming  the  little  squad  of  ten  soldiers  had 
plenty  of  ammunition.  Could  it  be  possible  that  a  well- 
disciplined  army  of  trained  politicians  might  have  some 
ammunition,  too,  in  addition  to  the  ballot? 

These  are  only  questions,  not  assertions.  The  answers 
are  left  for  the  people  to  find  for  themselves. 

Now,  let  us  take  one  little  glimpse  of  a  present  day  polit- 
ical ballot  campaign. 

This  little  book  has  already  extended  to  a  far  greater 
length  than  was  originally  intended,  and  consequently  the 
whole  political  field  can  not  be  surveyed,  but  an  example 


The    Anarchist    Constitution.  177 

can  be  taken  from  a  municipal  campaign,  as  that  is  simpler 
and  more  familiar  to  the  people  than  one  of  a  greater  ex- 
tent. State  and  national  campaigns  are  practically  of  the 
aame  character. 

The  time  for  a  municipal  election  approaches.  One  per 
cent  of  the  people  (merely  continuing  with  the  supposi- 
tion), who  appreciate  that  the  grand  corporations  will  help 
those  who  help  them,  are  well  organized  in  a  clique  of  poli- 
ticians, whose  aim  is  to  help  the  grand  corporations.  Say 
there  are  a  hundred  thousand  men  citizens  of  San  Fran- 
cisco. One  thousand,  or  one  per  cent,  of  them  are  in  the 
San  Francisco  regiment  of  the  grand  corporations'  politi- 
cal army.  The  first  battalion  is  in  the  Republican  party, 
the  second  battalion  in  the  Democratic  party  and  the  third 
battalion  doing  stunts  or  making  feints  to  deceive  the 
enemy.  The  colonel  commanding  the  regiment  calls  his 
lieutenant  colonel  and  majors  together,  and  they  discuss 
the  plans  of  the  first  battle  to  be  waged  at  the  primaries 
against  the  UNORGANIZED  mob  of  ninety-nine  per 
cent  of  the  people,  or  citizens,  who  can  vote.  The  com- 
manding general  has  transmitted  to  the  colonel  sealed 
orders  naming  John  Doe  and  Richard  Roe  as  two  confiden- 
tial agents  in  whom  the  grand  corporations  have  implicit 
confidence.  There  is  also  a  list  of  a  number  of  others  in 
whom  the  grand  corporations  have  great  confidence.  It  is 
settled  that  John  Doe  shall  be  elected  as  Republican  mayor 
or  Richard  Roe  as  Democratic  mayor — preferably  either. 
The  major  of  the  first  battalion  calls  his  captains  together 
and  they  discuss  plans  for  the  election  of  John  Doe  as 
mayor.  The  major  of  the  second  battalion  does  likewise 
for  Richard  Roe.  The  major  of  the  third  battalion  calls 
his  captains  together  and  THEY  discuss  plans  for  attract- 
ing the  attention  of  the  enemy  by  a  grand-stand  play  by 
any  one  of  half-a-dozen  different  maneuvers — such  as  a 
good  government  club,  a  non-partisan  ticket  composed  of 
the  "best"  candidates  selected  from  the  Republican  and 
Democratic  parties ;  a  quasi  endorsement  of  some  radical 


178  The   Anarchist    Constitution.  1 

party  on  a  self-evident  absurdity,  so  as  to  build  up  a  man 
of  straw  to  be  annihilated  in  the  coming  sham  battle:  a 
half-hearted  endorsement  and  empty  promise  of  support 
for  some  sound  sense  radical  party ;  or  a  conglomeration  of 
all  these  and  others.  Companies  A,  B  and  C  are  in  the 
first  battalion.  The  captain  of  Company  A  calls  his  lieu- 
tenants together  and  they  get  up  a  "ticket,"  to  be  voted  for 
at  the  primaries  as  delegates  to  the  Eepublican  municipal 
convention.  This  ticket,  together  with  a  glowing  recital 
of  the  immaculate  virtue  of  every  person  whose  name  ap- 
pears thereon  and  every  person  for  whom  they  will  vote 
to  nominate,  is  mailed,  perhaps  two  or  three  times  over, 
to  every  voter.  Of  course  a  good  many  of  the  ninety-nine 
per  cent  will  vote  for  those  proposed  delegates  Avhose  names 
are  on  this  ticket,  but  not  a  single  soldier  of  the  San 
Francisco  regiment  of  the  grand  corporation's  army  of 
politicians  will  vote  for  a  single  one  of  them.  The  captain 
of  Company  B  does  likcAvise,  but  not  a  single  soldier  will 
vote  for  any  one  of  B  company's  ticket  of  proposed  dele- 
gates to  the  Eepublican  municipal  convention.  The  cap- 
tain of  C  company  does  likewise,  and  not  only  does  every 
soldier  of  the  first  battalion  vote  for  the  C  company's 
ticket  of  delegates  to  the  municipal  convention,  but  in  ad- 
dition to  voting  each  soldier  in  the  whole  regiment  works 
on  every  Republican  to  get  him  to  vote  for  C  company's 
ticket.  And  he  WORKS.  That's  his  business.  He  is  not 
an  amateur  politician  nor  a  mere  citizen  casting  a  ballot 
as  an  honest  and  unselfish  expression  of  HIS  OWN  opin- 
ion. Soldiers  are  not  supposed  to  have  opinions.  They 
accept,  like  machines,  without  thought  or  question,  the 
directions  given  them.  Companies  D,  E  and  F  belong  to 
the  second  battalion,  and  they  do  the  same  for  the  Demo- 
cratic party  that  the  first  battalion  did  for  the  Republican 
party.  There  is  no  such  thing  as  describing  all  the  stunts 
or  feints  of  the  third  battalion.  They  are  guerrillos. 
scouts,  spies,  etc.  They  act  as  occasion  demands.  The 
ninety-nine  per  cent  of  the  people  are  unorganized  and 


THEf  Anarchist    Constitution.  179 

consequently  there  is  no  unity  of  choice  with  them  as  to 
delegates  for  either  the  Republican  or  the  Democratic  con- 
vention. They  go  to  the  primaries.  Nothing  reprehen- 
sible about  that.  The  San  Francisco  regiment  is  all  dis- 
guised as  common  citizens  and  those  of  the  ninety-nine  per 
cent  who  go  to  the  primaries  do  not  know  that  there  is  a 
San  Francisco  regiment  which  will  elect  certain  delegates 
to  both  conventions,  having  named  all  the  tickets  for 
which  there  is  any  organized  or  united  effort  made,  regard- 
less of  how  many  of  the  ninety-nine  per  cent  go  to  the 
primaries.  Whoever  votes  for  any  ticket  that  has  been 
mailed  to  him  votes  for  delegates  named  by  the  San  Fran- 
cisco regiment's  officers.  Whoever  votes  for  any  other  dele- 
gates votes  alone,  and  there  is  no  harm  done.  The  officers 
of  the  San  Francisco  regiment  didn't  name  their  tickets  at 
random.  They  selected  their  men.  And  whichever  dele- 
gates named  on  any  of  those  tickets  go  to  the  convention, 
they  "nominate"  John  Doe  in  the  Republican  convention 
and  Richard  Roe  in  the  Democratic  convention,  because  it 
was  solely  for  that  purpose  they  were  named  on  those  tick- 
ets. The  first  battalion,  under  the  banners  of  John  Doe. 
and  the  second  battalion,  under  the  banners  of  Richard 
Roe,  are  now  ready  to  go  into  the  grand  and  royal  sham, 
battle  with  all  due  solemnity.  After  the  sham  battle  is 
over  the  whole  hundred  per  cent  is  given  the  opportunity 
to  vote — for  what  ?  Why,  to  say  which  one  of  the  grand 
corporations'  two  confidential  men  shall  be  confidential 
man.  Of  course,  John  Doe  and  Richard  Roe  are  given 
to  understand  that  they  must  have  some  slight  difference 
of  opinion  on  some  trifling  matter  of  no  consequence — to 
the  corporations — ^to  encourage  the  ninety-nine  per  cent  to 
take  some  interest  in  the  battle.  Or  one  or  both  of  them 
portray  the  terrors  of  domination  by  the  grand  corpora- 
tions which  shall  surely  continue  in  case  the  other  is 
elected. 

Now,  then,  what  must  be  done  to  change  the  situation  in 
this  condition  after  it  becomes  pretty  well  known  how  it  is 


180  The   Anarchist   Constitution. 

carried  on?  You  say,  off-hand,  organize.  The  third  bat- 
talion says  to  you  organize.  The  third  battalion  will  help 
you.  TheyVe  been  doing  that  ever  since  the  San  Francisco 
regiment  has  been  under  the  command  of  the  command- 
ing general.  They  go  farther.  They  start  a  new  organ- 
ization as  often  as  they  think  there  is  any  use  in  it.  And 
they  tell  all  of  the  ninety-nine  per  cent  that  the  object  of 
that  organization  is  to  fight  the  whole  grand  corporations' 
army,  or,  at  least,  the  San  Francisco  regiment.  The  new 
organization  is  always  on  the  same  foundation  as  the  old 
army,  and  some  officer  of  the  third  battalion  is  to  be  com- 
manding officer  of  the  new  regiment.  This  has  been  done 
so  often  that  it  is  taken  for  granted  that  every  time  it  is 
proposed  to  form  a  new  regiment  to  fight  the  old  one  that 
it  is  simply  the  third  battalion  of  the  old  regiment  doing 
a  stunt  or  making  a  feint.  But  if,  perchance,  any  of  the 
ninety-nine  per  cent  do  start  the  formation  of  a  new  regi- 
ment, before  it  is  half  started  the  whole  political  army  of 
the  grand  corporations  mobilize  at  once  for  a  united  attack. 
When  their  army  was  organized  they  had  no  army  to  fight. 
It  was  easy.  There  is  a  well-organized  army  now  to  fight, 
The  organization  of  a  new  one  is  no  child's  play.  If  it  is 
attempted  to  organize  it  quietly  so  as  to  escape  attack  until 
it  has  sufficient  strength  with  which  to  meet  such  attack, 
the  mere  consultation  of  a  few  organizers  is  immediately 
discovered  by  the  secret  agents  of  the  third  battalion  and 
proclaimed  as  sedition,  treason  or  "conspiracy"  to  over- 
throw the  "government."  If  Mr.  Mexican  Dan  Burns,  Mr. 
Southern  Pacific  Herrin  and  Mr.  Sugar  Lord  Spreckels 
(more  properly  known  as  the  son  of  his  dad)  meet  to- 
gether in  private  conference  to  arrange  the  details  of  a 
sham  battle  between  two  battalions  of  the  San  Francisco 
regiment  of  the  grand  corporations'  political  army  it  is 
only  a  political  conference.  If  three  or  more  insignificant 
and  harmless  anarchists,  who  are  heirs  to  no  corporation 
stock,  meet  together  and  discuss  economics  and  social  prob- 
lems, it  is  at  least  suspicious  of  "conspiracy,"  and  will  bear 


The    Anarchist    CoNSTiTUTioy.  181 

plenty  of  "shadowing"  l)y  men  who  get  paid  to  do  that  kind 
of  work  and  not  think.  Xo  man  can  afford  to  join  thejii 
who  is  afraid  to  be  hounded  and  "shadowed"  and  have  the 
whole  "push"  liold  him  up  to  his  fellow  men  as  an  enemy 
of  society  and  everything  that  is  vile.  True,  there  are  some 
men  who  know  no  fear  and  defy  all  powder  on  earth  when 
they  clearly  see  their  duty.  And  as  conditions  grow  more 
acute  and  more  men  become  desperate,  the  number  of 
the  men  who  know  no  fear  increases.  All  men  trust  that 
before  that  number  increases  greatly  confidence  may  prop- 
erly be  re-established  in  the  ballot. 

Let  the  people  vote  on  the  issues  of  the  day,  for  or 
against  government  of  a  specified  kind,  without  any  sham 
])attles,  and  there  will  be,  and  can  be,  no  desperate  men. 
anarchists  or  partisans  of  the  archives,  who  could  possibly 
prefer  the  bullet,  (and  death  for  themselves)  to  the  ballot. 

Let  the  people  have  a  vote  on  anarchy,  a  free  ballot 
without  coercion  and  sham  battles,  and  they'll  have  an 
anarchistic  administration  under  an  anarchistic  constitu- 
tion before  our  little  tots  are  old  enough  to  vote  on  it — or 
bow  in  peaceful  submission  (without  bullets)  to  the  will 
of  the  majority,  as  the  people  of  the  United  States  well 
and  truly  learned  how  to  do  long  before  the  birth  of  the 
oldest  man  on  earth. 

Give  the  people  a  chance  to  vote  on  whether  or  not  to 
do  away  with  the  old  social  compact  and  substitute  there- 
for a  better  one,  and  they  "will  demand  it  as  vociferously 
as  you,  the  reader,  would  clamor  for  a  new  pair  of  pants  in 
place  of  ragged  patches. 

THE    END. 

P.  S. — The  author  will  be  happy  to  communicate  with 
all  who  will  ask  any  questions  regarding  the  subject  of 
this  book. 


INDEX. 


Sec. 

Addressing"    Jury 50 

Admissibility    of    Evidence 46 

Adoption    of    this    Constitution 223 

Adviser,   in   the  jury   room 51 

Advisers    37 

Age     of     Consent 85 

Ambassadors,    etc.,    how    appointed 170 

Amendments      224 

Appointments     Annulled     (federal) 6 

Appointments     Annulled     (state) 10 

Appointments,     federal      »". 

.Appointments    (by   mayor)    how   annulled 14 

Appointments,    legislative    or   gubernatorial 10 

Appointments,    state     10 

Appropriations,    publications    of    164 

Army    27 

Army,    Commander-in-Chief    167 

Attorneys 202 

Attorneys,    defendants    entitled    to 203 

Attorney   General,    for   each   governor 154 

Authors,     enagagements    of     32 

Authors,     rewards     for 31 

Bail 38 

Bail    Board 38 

Bankruptcy     178 

Bills,     course    of     135 

Births,  attendance  of  physician 94 

Birth,    complaint    for    failure    to    record 94 

Birth,   complaint   for   failure   to   subscribe   to   record   of 94 

Births,    naming    at 94 

Births,    recording-    of 94-95 

Birth,   record   of  by  affidavit 94 

Birth,    subscribing    to    record    of 94-95 

Bonds,    of    indemnity 113 

Bonds,    to    be    illegal 179 

Burials     118 

Business  Enterprises,   county  and   state 17 

Business    Enterprises,     municipal 16 

Business     Enterprises,     national 20-23 

Cabinet,   dismissal    from    169 

Cabinet,    for    the    President 153 

Cabinet,    to    be   advisers   only 169 

Caucasians,  to  have  sole  right  of  admission 205 

Census     129 

Charge   to   Jury,    by   adviser • 50 

Chief  of  Police,  county  seat  and  county  at  large 12 

Chief  of  Police,  not  in  county  seat 12 


184  The    Anarchist    Constitution. 

Sec. 

Children,     legitimacy     of 89 

Children,    punishment    of 54 

Children,    recording   of    90 

Children,    support    of 109    and    112 

Cities   and   towns,   what  are 13 

Citizenship     175 

Code,    adoption    of 221 

Coinage     15t 

Compensation;  advisers,  clerks,  etc ^  .    215 

Compensation;     ambassadors,     ministers,     consuls,     etc 218 

Compeifsation,    county    officers 214 

Compensation,     federal     officers 218 

Compensation,    governors     216 

Compensation,   in   municipal  bodies 211 

Compensation,    legislators    216 

Compensation,  population  less  than  1,000 206 

Compensation,    population    less    than    10,000 207 

Compensation,  population  less  than  50,000 208 

Compensation,  population  less  than   200,000 209 

Compensation,    population    more    than    200,000 210 

Compensation,    President    218 

Compensation;    representatives,   senators,   cabinet   officers.  .    218 

Compensation,    state    supreme    court    justices 217 

Compensation    U.    S.    Supreme    Court    justices 218 

Complaints 38 

Compulsory  Process 183 

Congress,    always    in    session 122 

Congress,    branches    of    3 

Congress,    constitution    of    4 

Congress,  compulsory  attendance  and  voting  in 127 

Congressional    Districts    131 

Congress,   legislation   of    134 

Congress,   plenary   powers   of 162 

Congress,    provision   for    2 

Congress,    representation   in    7 

Congress,     size    of     130 

Congress,    vacations    in     124 

Consent     85 

Constitutions    and    Laws,    prohibited v 166 

Continuation    in    force    of    constitution 225 

Copyrights     30 

Corporation  Stock,  purchase  of 179 

Corporations,    to   be   illegal 114 

County    Clerk    12 

County    Funds    214 

County  Recorder   (or  clerk)    12 

County  Seat 12 

Counties,  what  are 11 

Court  Decision,    what   is    46 

Courts,     county     35 

Courts,   federal    34 

Crime,  defining  and  fixing  of  penalty  prohibited 33 

Death,  adding  record  of  to  birth  record 97 

Death   Penalty,   proliibited    73 


The   Anarchist   Constitution.  185 

Sec. 

Death,   physician   required   at 96 

Death,    recording    of    96 

Debts,  etc.,  continued  validity  of 178 

Debts,    of    deceased    persons 98 

Department    Clerk    12 

Departments,     of    county     courts '. 36 

Detective  Force    9 

District    of    Columbia    162 

Divorce     189-191 

Drugs    and   Medicines    104 

Elections,    how    determined     148 

Elections,    municipal    150 

Elections,    national     139 

Elections,    national     (special)     221 

Elections,    of  officers   in    municipalities 152 

Elections,    state    142 

Elections,  to  engage  in  national  business  enterprises 24 

Employees,   when   superfluous    212 

Employment,   by   community,   compulsory 212 

Estates,     of    deceased     persons 98-101 

Excessive   Bails  and   Punishments    185 

Extradition,     between    states     38 

Faith   and  Credit,   between   states    174 

Federal    Courts    34 

Five   years,   duration   of  a   law 222 

Fixed   Improvements,    appurtenant   to    land 101 

Forts,     etc 162 

Franchises     115 

Funeral    Expenses     117 

General   Orphans'    Fund 100 

Governing    Bodies     9 

Governing  Bodies,   population  less  than  1,000 206 

Governing   Bodies,    population   less   than   10,000 207 

Governing  Bodies,   population  less  than  50,000 208 

Governing    Bodies,    population    less    than    200,000 209 

Governing   Bodies,    population   more   than   200,000 210 

Government  Officials,   who  are   not 33 

Guardians     109 

Holidays,     national     192-194 

Holidays,     state 195 

Hospitals     105 

House   of   Representative,    officers   of 126 

Impeachment,   and   trial   thereof    200 

Impeachment,    by    Congress    198 

Impeachment,  Judgments  in  cases  of 201 

Impeachment,    trial    of    199 

Income,  not  to  be  other  than  pay 219 

Inventors,    engagements    of    32 

Inventors,    rewards    for    31 

Journal    of    Proceedings     155 

Jurors,   eligibility  of    *. 45 

Jurors,   not   to   be   indefinitely   excused 46    and    48 

Juror,   taken  sick    48 

Jury   deliberations   of    51 


186  The    Anarchist    Constitutiok. 

Sec. 

Jury,  judge  of  what 46 

Jury,    length   of   service    48 

Jury,  not  to  be  waived    44 

Jury,     number    of    jurors     45 

Jury   Pay,   how   ascertained 53 

Jury,    right    to    cross-examine    49 

Jury,   selection   of    45 

Jury,  to  complete  case 48 

Jury,   vote  of  censure    52 

Land,    leases   of    118 

Land,    private    ownership    impossible 118 

Legislation,    publication    of 186 

Legislation,     when    unconstitutional 136 

Legislative  Bodies,   action   of 133 

Legislative   Bodies,    appointments    by 133 

Legislative   Bodies,   parliamentary   rules   of 133 

Legislature,    always    in   session 146 

Legislature,   vacations  in 147 

Life,    Sick    and   Accident   Insurance 116 

Maiming     74 

Majority    of   Jury,    what    is 47 

Management,    in    national    business    enterprises 25 

Marriage,   before   age   of   consent 88 

Marriage,    form    of ..  86 

Marriage,    purpose    of    91 

Marriages,    continued    validity    of 92 

Marriages,     incestuous     87 

Marriages,     recording    of 9U 

Married   Woman,    name   of    93 

Maximum    Day's    Work    213 

Mayors     149 

Medical    Office    103 

Medical     Service     102 

Men,   physically   incapable,   support   of Ill    and  112 

Military    Academy     28 

Militia     29 

Militia,     Commander-in-Chief     168 

Minors,    punishment    of     55-58 

Misbehavior,    defining    and    fixing    penalty    prohibited 33 

Mongolians      205 

Municipal    Constitution,    how    adopted 220 

Municipal    Constitutions,    provision    for 151 

Municipal    Stores,    management   of 16 

Municipal   Stores,   provision   for 15 

Name,   of  married   woman    93 

Naturalization 158 

Naval    Academy    28 

Navy     26 

New    Trials     (defendant) 60 

New  Trials    (defendant)    unanimous   verdict   endorsed 61 

New  Trials   (defendant),   unanimous  verdict  not  endorsed..  62 

New   Trials    (defendant),    verdict    by    10   or    11 63-64 

New   Trials    (defendant),    verdict   by    8    or    9 65-66 

New   Trials    (defendant),   verdict   by    7 67-69 


The   Anarchist    Constitution.  187 

Sec. 

New   Trials    (plaintiff)    70-71-75-76-77 

New   Trials,   false   pretense 72 

l^ew    Trials,    verdicts    permissable 72 

Oaths,     prohibited     79 

Offices,    new,    federal     9 

Offices,    new,    municipal    9 

Offices,    new,    state 9 

Offices,   not   more   than   one   to   be   held 157 

Offices,    provision    for    9 

Orphans'    Trust    Fund 99 

Pardons      196-197 

Parentage,     recording    of     90 

Parliamentary    Debate,    to    be    privileged 156 

Parliamentary    Rules    133 

Patents      30 

Perjury     80-84 

Perpetuation    of    Constitution    225 

Petit     Courts     184 

Physical    or    Corporal    Pain    74 

Physicians,    Surgeons,    Dentists,    qualifications    of 106 

Police     Force     12 

Ports,    preferences    of 163 

Postponement,  by  consent  of  bail-board 41 

Postponement,    by   mutual    desire 40 

Postponement,    by    request    of    defendant 42 

Postponement,   for  inability  of  witness 43 

Postponement,    for   sickness    43 

Postponement,  in  case  of  felony,  by  request  of  defendant.  .      43 

Powers,  not  delegated  to  Congress 188 

Practice    for    Pay,    of   physicians,    etc 107 

Presents,    Emoluments,    etc 165 

President,    message    of    171 

President,     provision     for     • 2 

President,    term    of    office 140 

President,    vacations    for    124 

Private    Property,    confiscation    prohibited 182 

Proprietary    Remedies     204 

Public   Property,   ownership   of    8 

Quorums      123 

Registrar   of   Voters    12 

Regulating   Bodies    9 

Religious  Beliefs  and  Teachings,  to  be  free 108 

Representatives,  allotment  of 130 

Representatives,    how    elected    145 

Revenue     121 

Rewards,    for    inventors   and   authors 31 

Rights,    not    enumerated    187 

Schools 19 

Searches    and    Seizures    181 

Secret    Service    160 

Senate,    President   of    125 

Senate,    representation    in    128 

Senate,    vacancy    in    '. 128 

Sheriff,    who    is    11 


188  The    Anarchist    Constitution. 


Sec. 

Single  subject,  no  law  to  contain  more 221 

Soldiers,   how  quartered    180 

State    Constitutions    132 

States     7 

States,  admission  of  new   176 

States,    protection   of   by   United   States 177 

States,    withdrawal    of 7 

Sundays     192 

Supervision,    in    national    business   enterprises    25 

Supreme     Courts      172 

Supreme  Court.   United  States    173 

Taxes   on    Business,    prohibited    120 

Taxes,    on    wealth    proliibited    119 

Taxes,    permissable     121 

Term    of   Office,    governor    143 

Term   of  Office,   legislator    143 

Term   of  Office,    mayor    149 

Term   of  Office,    President    140 

Term   of  office,   representative 141 

Terms    of    Office    5 

Territories,    government    of    9 

Territory,    acquisition   of   new    176 

Territory    of    the   United    States    7 

Towns  and  Cities,  what  are    13 

Treaties,    how    made 170 

Treaties,     prohibited     166 

Trial    for   debt    72 

Trials,  jury  not  to   be  waived    44 

Trials,  to  be  in  numerical  order   39 

Trials,    to    be    public 33 

Trials,    to    wait    one    week 44 

I'nwarranted    Prosecution    78 

X'acancy,    how   ^led    (county) 10 

Vacancy,   how   filled    (municipal)    14 

N'acancy,   how   filled    (state)    10 

Vacancy,   in  a  federal  office    6 

Vacancy,  in  House  of  Representatives    145 

Vacancy,    in    legislature    144 

Vacancy-,    in    Senate    128 

Vacancy,  when  filled,  for  how  long 137 

Vacations,    for   President    124 

Vacations,    in    Congress     124 

Verdicts,   as   to   adults 59 

Vice     President     125 

Vote   of  Censure    52 

Voters,  qualifications  of   138 

Waiver  of  Jury,   not  permitted 44 

War      161 

Warrants,    for    arrest     38 

Weights    and    Measures     159 

Whipping     Post,     etc 74 

Women,   support   of    110    and    112 


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